1 2025:CGHC:50727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6388 of 2025 Suraj Chauhan S/o Chandrama Chahuhan, Aged About 23 Years R/o Room No. 703 Building No. 9, Agrawal Nagri Complex, Fire Bregade, New Link Road Nalasupara East, Tahsil Vasai, District Palghar (Maharastra) --- Applicant versus State Of Chhattisgarh Through Police Station Kirandul, District Dantewada (C.G.) --- Respondent MCRC No. 7693 of 2025 Aftab Sama S/o Taj Mahamad Aged About 24 Years R/o New Harshad Millchaali Ranjit Sagar Road Jamnagar Gujarat Wrongly Mentioned In Ordersheet As Aftaf Samma. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Kirandul District Dantewada, Chhattisgarh --- Respondent MCRC No. 7695 of 2025 Pariya Ajay S/o Pravin Bhai Aged About 24 Years R/o Ganeshvas Fuliya Hanuman Kishan Chowk Dangarvada Jamnagar Gujarat ---Applicant GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.13 11:02:23 +0530 2 Versus State Of Chhattisgarh Through Station House Officer, Police Station Kirandul District Dantewada Chhattisgarh --- Respondent MCRC No. 7694 of 2025 Kishan Wader S/o Pranjivan Bhai Aged About 24 Years R/o Jagdish Niwas Limda Line Ashok Bakery Pase Jamnagar Gujarat ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Kirandul District Dantewada (C.G.) --- Respondent For Applicant in MCRC No. 6388 of 2025 : Shri Aditya Pandey, Advocate holding the brief of Shri Amit Kumar, Advocate. For Applicants in MCRC Nos. 7693, 7695 & 7694 of 2025 : Shri Aditya Pandey, Advocate. For respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/10/2025 1. All these bail applications are decided by this common order as they are arising out of the same crime number. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.28/2025 registered at Police Station Kirandul, District Dantewada Chhattisgarh for the offence punishable under Sections 318(4), 111(3) of Bhartiya Nyay Sanhita 2023 and Section 66(D) Of 3 Information Technology Act, 2000. 3. Case of the prosecution, in brief, is that complainant P. Prasad has lodged a complaint to the effect that on 30.05.2025 at around 07.45pm in evening he received a WhatsApp call on his mobile number "9425591809" from an unknown mobile number "7684080552" after receiving call he was threatened on the pretext that, "there is a bank account on complainant's name and against that account the Mumbai Police has registered a Criminal case under Money Laundering Act and to settle the said case the complainant was asked to transfer Rs.28 Lacs to another mobile number bearing "7609813145" since complainant being frightened and under impression of fear the Complainant on 31/05/2025 transferred total Rs.28 Lacs on 31.05.2025 in the account number i.e. "257409612092" as mentioned by the unknown caller bearing IFSC Code INDB0001455 in two transactions of Rs. 21 lacs and Rs. 07 lacs, since Complainant was in suspicion of fraud, he reported the said incident to the Police officials of the Police Station Kirandul and accordingly offences under 318(4), 111(3) of Bhartiya Nyay Sanhita 2023 and Section 66(D) Of Information Technology Act, 2000 have been registered against unknown persons and during the course of investigation, the present applicants have been arrested. 4. It has been argued by learned counsel for the applicants that complicity of the applicants have come into light in the statement under Section 180 BNSS of Hira Nazrana who has opened an account and had taken some money for getting the money deposited in her account. It is stated that the amount which was credited in her account 4 was Rs.4,45,896/- and it is argued that as per the statement made by the said witness, the applicants are said to have allured her for opening the said account. He would submit that the other co-accused persons namely Dilip Hadiyal, Harshal Lukum, Shahid Khafi, Shyam Chauhan and Aman are still absconding and Smt. Hira Nazrana has not been made an accused in the present case. He would that applicant Suraj Chauhan is in jail since 4/07/2025, applicants Aftab Sama, Kishan Wader & Pariya Ajay are in jail since 14/06/2025 and they have no criminal antecedents. He would further submit that the charge sheet has been filed in this case and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicants have no criminal antecedents. He would further submit that other co-accused persons namely Dilip Hadiyal, Harshal Lukum, Shahid Khafi, Shyam Chauhan and Aman are still absconding and Smt. Hira Nazrana has not been made an accused in the present case. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that complicity of the applicants have come into light in the statement under Section 180 BNSS of Hira Nazrana who has opened an account and had taken some money for getting the money deposited in her account and the amount which was credited in her account was 5 Rs.4,45,896/- and as per the statement made by the said witness, the applicants are said to have allured her for opening the said account, further the fact that other co-accused persons namely Dilip Hadiyal, Harshal Lukum, Shahid Khafi, Shyam Chauhan and Aman are still absconding and Smt. Hira Nazrana has not been made an accused in the present case, considering the fact that applicant Suraj Chauhan is in jail since 4/07/2025, applicants Aftab Sama, Kishan Wader & Pariya Ajay are in jail since 14/06/2025, they have no criminal antecedents, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in these cases. 8. Accordingly, all the bail applications are allowed and it is directed that the Applicant- Suraj Chauhan in MCRC No.6388 of 2025, Applicant Aftab Sama in MCRC No.7693 of 2025, Applicant Pariya Ajay in MCRC No.7695 of 2025 & Applicant Kishan Wader in MCRC No. 7694 of 2025 involved in Crime No.28/2025 registered at Police Station Kirandul, District Dantewada Chhattisgarh for the offence punishable under Sections 318(4), 111(3) of Bhartiya Nyay Sanhita, 2023 and Section 66(D) Of Information Technology Act, 2000, be released on bail on each of them furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 6 abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri