1 2025:CGHC:50956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8121 of 2025 Ramsagar Bais S/o Girja Prasad Bais Aged About 21 Years R/o Village - Avantikapur, P.S. - Chandni, District Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Chandni, District Surajpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shakti Raj Sinha, Advocate For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.10.2025 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. 18/2025, registered at Police Station Chandni, District Surajpur (C.G.) for the offence punishable under Section 317(4), 318(2), 61(2-A) of the BNS. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.14 11:20:34 +0530 2 2. The case of the prosecution, in brief, is that, the accused Vinay Jaiswal, along with other associates, namely Mukesh Kumar Jaiswal, Arvind Kumar Jaiswal, Sachin Jaiswal, and Satish Kumar Jaiswal, allegedly for the purpose of earning illegal money, provided his bank account to a criminal gang to facilitate cybercrime (fraud). As a result, funds were transferred into the Axis Bank account of Vinay Jaiswal (Account No. 924010041089983, Branch Biharpur, District Surajpur, Chhattisgarh) in connection with online cyber fraud. This is related to complaints bearing Nos. 31102250026995, 31302250008255, 31602250014300, and 31902250021874. It is reported that approximately Rs.27,500/- was received in the said account through these fraudulent transactions. Consequently, the present offences have been registered, and investigation has been initiated against the applicant and other accused. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is submitted that the applicant maintains two bank accounts, one with Chhattisgarh State Rural Bank, Biharpur (Account No. 77079940395), and another with Axis Bank, Biharpur Branch (Account No. 923010055375602), the latter being linked to his Instagram ID “Lovelesh.” It is submitted that the applicant, upon seeing a story on Instagram regarding a requirement for security guards, started communicating with an unknown person who claimed to be hiring for the position and 3 requested the applicant’s bank account and ATM card details under the pretext of processing his job application. Being a simple labourer with limited understanding, the applicant sent his ATM card via post from Baidhan Post Office to the address provided by the unknown person. Later, in November 2024, while traveling to Mumbai for work, the applicant lost his mobile phone containing the SIM linked to his bank account and WhatsApp number (8319944294), and he does not recall the exact address where the ATM card was sent. The said unknown person subsequently misused the applicant’s Axis Bank account without his knowledge or consent, including deceitfully obtaining an OTP once shared by the applicant in good faith, believing it was part of the job process. The applicant has not carried out any transactions or had any motive to commit any offence and is, in fact, a victim of cyber fraud. 4. Learned counsel for the applicant further submit that so far as criminal antecedents of the applicant is concerned, applicant has no previous criminal antecedent registered against him and is languishing in jail since 15.05.2025, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, therefore, he submits that the present applicant is also entitled to be released on regular bail. 5. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that the fact that applicant has no previous criminal antecedent registered against 4 him. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is a simple labourer and a victim of cyber fraud, having shared his bank details in good faith with an unknown person on Instagram, and had no role or motive in the alleged offence and further, he has no previous criminal antecedent, charge-sheet has already been filed and is languishing in jail since 15.05.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Ramsagar Bais, involved in Crime No. 18/2025, registered at Police Station Chandni, District Surajpur (C.G.) for the offence punishable under Section 317(4), 318(2), 61(2-A) of the BNS, 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. In case of his absence, without 5 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 Manpreet