1 2025:CGHC:7753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9088 of 2024 1. Arman Khan S/o Saheed Khan Aged About 20 Years R/o Village Devla Nagli P.S. Jaisinghpur District - Nooh Hariyana 2. Mo. Sadil S/o Wahid Aged About 19 Years R/o Ward No. 07 Near Airtel Tower Rani Ka Mandi Khes P.S. Nagina Mewat Hariyana ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer Kondagaon District- Kondagaon (C.G.) ... Non-applicant For Applicants : Mr. Raza Ali, Advocate. For Non-applicant/State. : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2025 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 applicants who have been arrested in connection with Crime No. 291/2024 registered at Police Station Kondagaon, District - Kondagaon (C.G.), for the offences punishable under Section ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.14 10:48:48 +0530 2 318(4) of the Bhartiya Nyay Sanhita (BNS) and Section 66(D) of the Information Technology Act. 2. The prosecution's case, in brief, is that the complainant was approached on Facebook to purchase old household items at a low price. The person who sent the request and message claimed to be an IPS OfÏcer and informed the complainant that a CRPF constable posted at Kondagaon had been transferred to Jammu and wanted to sell his household items. The complainant was then sent a mobile number, and the items were shown to them on WhatsApp. The complainant deposited an advance of Rs. 1,500/- but later discovered he had been cheated and filed a complaint. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely been implicated in the foresaid case. He also submits that the present applicants have no criminal antecedents and they are in jail since 12.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 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. 6. Taking into consideration the facts and circumstances of the case and the fact that present applicants have no criminal antecedents. 3 Furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicants have been languishing in jail since 12.10.2024, conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Arman Khan and Mo. Sadil, involved in Crime No. 291/2024 registered at Police Station Kondagaon, District - Kondagaon (C.G.), for the offences punishable under Section 318(4) of the Bhartiya Nyay Sanhita (BNS) and Section 66(D) of the Information Technology Act, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, 4 proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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