1 2025:CGHC:434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8607 of 2024 Manish Patel S/o Mangal Bhai Patel Aged About 38 Years R/o Karvot Was Maktupur Police Station Unjha District - Mahesana Present Address H. No. 109 Laxminarayan Society Saeejpur Boga Police Station Krishnanagar Ahmedabad (Gujarat ) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Cyber Cell (Wrongly Mentioned As Range Cyber/cyber Range In The Order Sheet) Bilaspur District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 155/2024 registered at Police Station Cyber Cell, District – Bilaspur (C.G.), for the offence punishable under Sections 420, 201 and 34 of the Indian Penal Code (IPC). 2 2. The prosecution's case, in brief, is that the complainant, Anand Agrawal, filed a report at Dharamjaigarh Police Station, alleging that he joined Dropcoin 922 after seeing its Facebook advertisement. He claimed that an account was created for him, and he was given a number as FTBD. The group admin of Martine Dropcoin informed him via mobile number 917648910176 that they bought and sold shares on the market. Influenced by the group, Agrawal deposited Rs. 20,000/- in March 2024 and made subsequent deposits totaling Rs. 36,65,700/-. He withdrew Rs. 3,55,000/- and the deposits and withdrawals were made through his bank account. The deposited amount is now worth Rs. 3,48,40,000/- in the share market. Agrawal alleged that when he tried to withdraw the amount, an agent named Sagar instructed him to deposit Rs. 7,21,000/- in the share market. He was later informed that the amount had been lost. Agrawal claimed that Sagar and another person committed fraud and cheating by receiving Rs. 41,06,524. The investigation revealed that Agrawal was advised to deposit Rs. 62,00,000/- to recover his amount, and later, he was given an ultimatum to deposit Rs. 31,00,000/- by June 10, 2024. Realizing he had been cheated, Agrawal filed a complaint. The police registered an FIR (Crime No. 155/2024) under Sections 420 and 34 of the Indian Penal Code against group admin Geeta Bel, teacher admin Martine Dropcoin, and agent Sagar. The case was later transferred to the Cyber Cell, which collected mobile call details, ATR reports, and bank statements. The investigation revealed that Agrawal was cheated by individuals from Gujarat, including Hitesh Bhai Patel, Manish 3 Patel, and Gajendra Patel. The accused persons allegedly committed fraud by inducing people to deposit money in the stock market to earn higher interest. The present applicant was taken into consideration, and his mobile phone was seized. An FIR was registered under Sections 420 and 34 of the Indian Penal Code, and later, Sections 201 and 66D of the IT Act were added. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that as per the first information report itself the complainant entered into a group and after being satisfied that he can earn money, he deposited amounts in the said group and he was involved in making money, thus, it is clear that no offence has been committed by the present applicant. He further submits that the present applicant is not involved in a created whatsapp group and even present applicant has no any connection with the names or mobile numbers which are mentioned in the FIR. He also submits that the present applicant has no criminal antecedents and he is in jail since 23.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the applicant is in jail since 23.10.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Manish Patel, involved in Crime No. 155/2024 registered at Police Station Cyber Cell, District – Bilaspur (C.G.), for the offence punishable under Sections 420, 201 and 34 of the Indian Penal Code (IPC), be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 5 proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek