1 2025:CGHC:54896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7857 of 2025 Devendra Kumar S/o Ramcharan Singh Aged About 23 Years R/o Schoolpara, Village Kodgi, Police Station And Tahsil Khadgawan, District Manendragarh-Chirmiri-Bharatpur C.G). ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Chirmiri, District Manendragarh-Chirmiri-Bharatpur C.G. ... Non-applicant For Applicant : Ms. Gunja Taram, Advocate. For Non-applicant/State : Ms. Supriay Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.11.2025 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. 142/2025 registered at Police Station : Chirmiri District – Manendragarh - Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 420, 120(B), 413 of IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:35 +0530 2 2. The prosecution case is that, on 02-07-2025, the S.P. Office Manendragarh received the details of mule account and on the basis of such complaint, the police registered the crime and on 07-03-2024, the police verified the account of Punjab National Bank, Branch Haldibadi, Chrimir, whereby it was found that in the account of applicant, sum of Rs.1,15,000/- was received, the amount which was received by the applicant is of the cyber fraud, subsequently the police arrested the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. She further submits that the applicant is an agriculturist by occupation and, in the month of September 2024, while browsing Facebook, he came across an advertisement regarding the sale of a mobile phone. Acting upon it, he ordered the mobile, and the next day received a call informing him that he must first pay Rs. 1,500, after which the phone would be delivered. The applicant accordingly made the payment online. After two to three days, a delivery boy arrived at his residence with the mobile and claimed that no payment had been received. An altercation ensued, and the delivery boy left. Later, the applicant was informed that if he opened an account in Punjab National Bank, he would receive a refund of the amount paid, and if he handed over the account to another person, he would get an additional amount. Believing this, the applicant opened the said account and handed it over to another person, for which he received Rs. 4,000. Thus, even if the entire prosecution story is accepted as true, it only indicates that the applicant himself was deceived by 3 others, and there is no prima facie involvement of the applicant in the commission of the alleged offences. The applicant has been in judicial custody since 08.07.2025, the charge-sheet has already been filed, and the trial, being triable by the learned Judicial Magistrate First Class, will take considerable time to conclude. Therefore, considering the period of detention and the nature of allegations, the applicant humbly prays that he be released on regular bail. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, and he is ready to furnish adequate surety and abide by all conditions that may be imposed by this Hon’ble Court, therefore, she prays for grant of applicant on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and taking into account that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 08.07.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant deserves to be enlarged on bail in the present case. 7. Let applicant, Devendra Kumar involved in Crime No. 142/2025 registered at Police Station : Chirmiri District – Manendragarh - 4 Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 420, 120(B), 413 of IPC, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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 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 vaibhav