1 2025:CGHC:54904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7380 of 2025 Santosh Paswan S/o Devnandan Paswan Aged About 22 Years R/o Gurudwar Gali Padavpara, Thana Kota, District- Bilaspur (C.G.) ... Applicant Versus State Of Chhattisgarh Through- Police Station- Kota, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer S.B. : 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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 648/2025 registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 318 (4) of Bhartiya Nyaya Sanhita, 2023 and under Section 66 (C) of the Information Technology Act, 2000. 2. Case of the prosecution, in brief is that on 25.06.2025, the complainant namely, Rohan Kumar has lodged written report against the applicant who is the owner of mobile shop stating that one year before he has given Aadhar Card and photo to the applicant for taking new SIM Card of Airtel but the applicant has not provided new SIM Card of Airtel till date and from that SIM Card, applicant is misusing through online thereafter, police has lodged FIR 2 against the applicant and arrested on 21.07.2025. 3. Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence as alleged. He submits that the applicant is owner of mobile shop and the complainant has never approached the applicant for purchasing a new SIM Card and further, the applicant has not provided any SIM Card to the present applicant. He contended that the applicant is implicated in two criminal cases including the present case for similar nature of offences and in one case, he has already been granted bail from the concerned police station giving the benefit of Section 41 (a) as per the decision of Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and in the present case, though the Affidavit has been filed by the concerned Superintendent of Police and it has been stated that he has earned from pecuniary property, but the said amount which has been allegedly earned by the applicant has not been stated in the Affidavit. So far as the criminal antecedent is concerned, there is no other criminal antecedent against the applicant. He is in jail since 21.07.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the prima facie there is material available against the applicant showcasing him to be involved in commission of offence under 318 (4) of Bhartiya Nyaya Sanhita, 2023 and under Section 66 (C) of the Information Technology Act, 2000. He further submits that in compliance with this Court's order dated 15.09.2025, whereby the Superintendent of Police, District - Bilaspur, was directed to file personal affidavit indicating the evidence collected during the course of investigation against the applicant and in this regard, the Superintendent of Police, District - Bilaspur, has submitted his affidavit stating that during the course of investigation, it was found that, there are two complaints have been made against the aforesaid mobile number 3 9752574021 vide the Complainant Veenesh G. Kumar from Bangalore and the complainant Kiran Suresh Jadhav from Pune regarding internet banking related fraud by the aforesaid mobile number 9752574021. During investigation, the CAF of the aforesaid mobile number 9752574021 was obtained wherein, it was found that, the same is in the name of Rohan Kumar (the complainant), who told that, the aforesaid mobile number 9752574021 was issued by the accused applicant by using his identity and Aadhar card fraudulently and the same was used in the aforesaid cyber fraud. The investigation is going on and therefore, considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of counsel for the respective parties and furthermore, considering the gravity and seriousness of this case and the decision of the Hon’ble Supreme Court, further considering the affidavit submitted by the Superintendent of Police, District – Bilaspur stating that charge-sheet has not been filed, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Santosh Paswan, involved in Crime No. 648/2025 registered at Police Station - Kota, District – Bilaspur (C.G.), for the offence punishable under Sections 318 (4) of Bhartiya Nyaya Sanhita, 2023 and under Section 66 (C) of the Information Technology Act, 2000 be released on bail on furnishing personal bond with two 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 4 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 his, 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY