1 2025:CGHC:53954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7773 of 2025 Shubham Yadav S/o Silochan Yadav Aged About 26 Years R/o Sichai Colony Balodabazar, P.S. City Kotwali, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House O1cer, Police Station City Kotwali Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. This is the 8rst bail application 8led 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. 678/2025 registered at Police Station City Kotwali Balodabazar, District Balodabazar- Bhatapara (C.G.), for the o>ence punishable under Section 420 of the Indian Penal Code (IPC) and Section 66(C) and 66(d) of the Information Technology Act. 2. The prosecution's case, in brief, is that the present applicant/accused is working as a Distributor Sales Executive with Idea Vodafone Company ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.04 18:37:49 +0530 2 since 2021. He had created a Lapu ID for selling SIM cards of the said company and had authorized his subordinate, Dhananjay Yadav (Co- accused), to sell SIM cards in the local area. It is alleged that Dhananjay Yadav used to activate people’s PhonePe accounts and SIM cards in their names without informing them and used to send those SIM cards to Bhilai. In return, Dhananjay used to receive payment through PhonePe as well as in cash. On the basis of the said allegations, a crime was registered, and the present Applicant was arrested by the Police of City Kotwali, Balodabazar, for the o>ences punishable under Section 420 of the IPC and Sections 66(c) and 66(d) of the Information Technology Act. Accordingly, the said crime was registered against them. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He submits that the FIR has been registered in the name of Shubbu New Bus Stand Mobile Point. He further submits that the present applicant, being a Distributor Sales Executive, had authorized the co-accused, Dhananjay Yadav, to sell SIM cards, and he was unaware of the latter’s illegal acts. It is further submitted that the said co-accused, in his memorandum statement, has clearly stated that he alone activated the SIM cards and that the present applicant had no role in the alleged o>ence. Learned counsel further submits that the present applicant has only one criminal antecedent apart from the present case, which is also listed before this Hon’ble Court for hearing. Except for these cases, the applicant has no other criminal antecedents. The applicant has been in judicial custody since 15.07.2025, and the conclusion of the trial is likely to take some time. Therefore, he prays that this Hon’ble Court be pleased to grant regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of 3 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 the present applicant, being a Distributor Sales Executive, had authorized co-accused Dhananjay Yadav to sell SIM cards and was unaware of his illegal activities, further the co-accused, in his memorandum statement, admitted to solely activating the SIM cards, thereby exonerating the applicant from any involvement in the alleged o>ence. Furthermore, apart from the present case, the applicant has only one other criminal antecedent, which is also listed before this Court today. Except for these, the applicant has no other criminal antecedents. Moreover, the charge sheet has already been submitted before the competent Court, and the applicant has been in custody since 15.07.2025. As the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Shubham Yadav, involved in Crime No. 678/2025 registered at Police Station City Kotwali Balodabazar, District Balodabazar-Bhatapara (C.G.), for the o>ence punishable under Section 420 of the Indian Penal Code (IPC) and Section 66(C) and 66(d) of the Information Technology Act, be released on bail on 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 8le an undertaking to the e>ect that he shall not seek any adjournment on the dates 8xed for evidence when the witnesses are present in court. In case 4 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 8xed, either personally or through his counsel. In case of his absence, without su1cient cause, the trial court may proceed against him 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, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 8xed 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 8xed 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 su1cient 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. O1ce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek