1 2025:CGHC:52322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6677 of 2025 1 - Sher Bahadur @ Monu S/o Ramashrav Singh Aged About 30 Years R/o Village Uccher, Post Office Giradhpur P.S. Gagaha, District - Gorakhpur (U.P.) (As Per Correct Details) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer Of Police Station Vidhansabha, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Sachin Nidhi, Advocate For Non-Applicant : Ms. Swajeet Ubeja, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 345/2025, registered at Police Station- Vidhansabha, District : Raipur, (C.G.) for the offence punishable under Sections 318 (4) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 12.07.2025, the complainant lodged written report in the concerned police station alleging that the applicant and the other co-accused persons threatened the complainant and falsely took her to digital arrest. Thereafter, the co-accused person extorted an amount of SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Rs. 2,83,65,000/- from the complainant. On the basis of the complaint, police authorities registered an FIR and during the course of investigation, applicant was arrested and it was found that the applicant provided a SIM card bearing no. 9208593595 to the co-accused persons for commission of the aforesaid offence in lieu of which, the applicant received an amount of Rs. 2,00,000/-. Subsequently, the alleged SIM was used by accused Vijay Nishad for commission of the aforesaid offence. Thereafter, the applicant was arrested by the police authorities on 28.07.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent and has no connection whatsoever with the alleged crime. It is further submitted that the applicant is not directly involved in commission of the aforesaid crime as the applicant has only provided a SIM Card bearing no. 9208593595 and he was totally oblivious about the commission of the offence by Vijay Nishad and other co-accused persons. He further submits that no transaction, whatsoever has been made with the applicant and no money has been deposited or provided to the applicant in respect of the offence alleged by the co-accused person. He submits that the applicant has been made accused only on the basis of the memorandum statement of the co-accused Akash Kumar Sahu and the said SIM card is also not registered in the name of the applicant. He further submits that there is no evidence available against the applicant and no material has been recovered from the possession of the applicant by the police authorities. So far as criminal antecedents of the applicant are concerned, as per the deponent’s knowledge, one criminal antecedent is pending adjudication. He is in jail since, 28.07.2025. The investigation is still going on and as of now, there is no material available against the applicant. Lastly, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel for the State submits that the allegations against the applicant are serious and prima facie disclose criminality under 318 (4) and 3 3 (5) of the Bharatiya Nyaya Sanhita, 2023. The applicant allegedly provided the SIM card to the accused Vijay Nishad for commission of the aforesaid offence and it is from the same SIM card the accused persons have committed the henious offence, therefore, the applicant is directly linked to the aforementioned offence. 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 respective parties and perused the documents enclosed along with the bail application. 6. Upon careful consideration of the submissions made by learned counsel for the applicant and the State, it is observed that the applicant has been in custody since 28.07.2025, the investigation is still going and charge-sheet is yet to be filed before the concerned Trial Court, it appears to be just and reasonable case to allow the applicant to be released on bail. 7. Accordingly, applicant- Sher Bahadur @ Monu, involved in Crime No. 345/2025, registered at Police Station- Vidhansabha, District : Raipur (C.G.) for the offence punishable under Sections 318 (4) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 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. 4 In case of his absence, without sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey