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2025 DAILYLAW 49411 (CHH)

VANSH DEWANGAN v. STATE OF CHHATTISGARH

MCRC/8911/2025 · 2025-12-10

body2025

Judgment text

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1 2025:CGHC:60421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8911 of 2025 Vansh Dewangan S/o Bhuwan Lal Dewangan Aged About 19 Years R/o Birra, P.S. Birra, District Janjgir Champa Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House O1cer, Police Station Shivrinarayan, District Janjgir Champa Chhattisgarh ... Non-applicant For Applicant : Mr. Uday Kaushik, Advocate. For Non-applicant/State : Mr. Neeraj Sharma, Dy. Adv. General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This is the First bail application :led 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. 259/2025 registered at Police Station : Shivrinarayan, District Janjgir-Champa (C.G.) for the o?ence punishable under Sections 317(2), 317(4), 317(5), 112(B), 318, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that the accused persons had illegally transferred an amount of Rs. 31,49,312/- from his bank account by committing cyber fraud. Based upon the complaint made by ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.12 10:56:21 +0530 2 the complainant, the police registered the case under Sections 317(2), 317(4), 317(5), 112(B), 318, and 3(5) of the B.N.S. against unknown persons. During the course of investigation, the police arrested the present applicant on the basis of his memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that only on the basis of the memorandum statement and mere suspicion, the applicant has been implicated in the present crime on the basis of false and baseless allegations. He submits that the applicant has been arrested by the police solely on the basis of the memorandum statement of the main accused, whereas the applicant has not committed any of the alleged o?ences and has been falsely implicated in the present case. The police authorities did not properly investigate the matter before registering the FIR against the present applicant. He submits that the applicant is preparing for the CBT examination and his admit card has already been issued by the competent authority. Since the trial will take considerable time to conclude, the applicant will be adversely a?ected in respect of his future due to the pre-trial detention. He further submits that the applicant has no criminal antecedents and he is in jail since 05.08.2025, conclusion of the trial may take some time, 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 submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of 3 o?ence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court, the present applicant has been in jail since 05.08.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vansh Dewangan, involved in Crime No. 259/2025 registered at Police Station : Shivrinarayan, District Janjgir-Champa (C.G.) for the o?ence punishable under Sections 317(2), 317(4), 317(5), 112(B), 318, 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 :le an undertaking to the e?ect that he shall not seek any adjournment on the dates :xed 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 :xed, 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 4 fails to appear before the court on the date :xed 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 :xed 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 certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek