1 2025:CGHC:59512 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8565 of 2025 Ramlakhan S/o Late Sukhdev Aged About 35 Years R/o Village- Beltikri, Police Station And Tehsil Surajpur District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Surajpur, District- Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Gagan Pandey, Advocate. For Non-applicant/State : Mr. Neeraj Sharma, Deputy Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 08.12.2025 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. 486/2025 registered at Police Station – Surajpur District - Surajpur (C.G.), for the offence punishable under Sections 317(4), 318(2) & 61(2)(a) of the BNS. 2. The prosecution story in brief is that, during the course of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.09 11:44:57 +0530 2 investigation, a list was received from the office of the Inspector General, SIB, CCTNS, Cyber Crime, Police Headquarters, Nawa Raipur (C.G.), regarding taking action on Layer accounts operated in various bank branches and on fake mobile numbers listed on the portal (Joint Cyber Crime Coordination Team Management Information System) operated by the Indian Cyber Crime Coordination Centre. In this list, the mule account of Ramlakhan Rajwade (applicant herein), son of Sukhdev Rajwade, age 36 years, resident of Beltikri, Police Station Surajpur, District Surajpur (C.G.), account number 5621401252, Central Bank of India, Surajpur Branch (C.G.), acknowledgment number 33309240017191, was mentioned. The transaction details of the said account were obtained from Central Bank of India, Surajpur. From the study of the transaction details, it was found that the account holder, Ramlakhan Rajwade, with a well- planned intention of earning illegal money, committed cyber crime from multiple states through his bank account. Therefore, an offence under the relevant sections was registered against him and taken up for investigation. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that as the applicant is a victim of a cyber fraud wherein he received a phone call informing him that he had won a lottery of Rs. 35 lakhs, and being unaware of such cyber scams, he complied with the instructions, resulting in a loss of Rs. 2 lakhs from his own funds. The fraudsters compelled him to open a new bank account, obtain a new PAN card, and even took his PIN details, using his documents to procure two SIM cards without his knowledge. The 3 applicant is the sole breadwinner of his family, and his continued incarceration would severely affect their livelihood. The applicant has no role in the alleged offence and has been misused by the cyber criminals to conceal their identity. He has been in judicial custody since 09.09.2025, 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 been filed 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, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 09.09.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant – Ramlakhan, involved in Crime No. 486/2025 registered at Police Station – Surajpur District - Surajpur (C.G.), for the offence punishable under Sections 317(4), 318(2) & 61(2)(a) of the BNS, 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 4 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, 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