1 2025:CGHC:50081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6691 of 2025 Vivek Kumar S/o Ummed Singh, Aged About 27 Years R/o Ward No. 09, Kaseru, District Jhunjhunu (Rajasthan). ... Applicant versus State Of Chhattisgarh Through Police Station- Dallirajhara, District – Balod (C.G.) ---- Non-applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. For Objector : Mr. Manoj Kumar Yadav, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 232/2025, registered at Police Station – Dallirajhara, District – Balod (C.G.) for the offence punishable under Sections 318(4), 3(5) and 317 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(D) of the IT Act. 2. The case of the prosecution, is that the complainant was using Whatsapp Group, on 07.05.2025, the complainant used to chat with people in a RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Whatsapp Group link Pioneer Forum VIP-111A ground number 9039775378, after being given information about the scheme of earning high profits by treading in the stock market by the holders of those mobile numbers, he took them into confidence between 28.05.2025 and 30.06.2025, a crime has been registered for committing fraud by transferring Rs. 35,86,740/- to various accounts through online UPI, Cheque, RTGS, thereafter, the case was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that an agreement dated 05.08.2025 has been executed between the complainant and the applicant whereby settlement has been done between the parties outside the Court. The applicant is in jail since 26.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant was using Whatsapp Group, on 07.05.2025, the complainant used to chat with people in a Whatsapp Group link Pioneer Forum VIP-111A ground number 9039775378, after being given information about the scheme of earning high profits by treading in the stock market by the holders of those mobile numbers, he took them into confidence between 28.05.2025 and 30.06.2025, a crime has been registered for committing fraud by 3 transferring Rs. 35,86,740/- to various accounts through online UPI, Cheque, RTGS, thereafter, the case was registered against the applicant, therefore, he is not entitled for grant of bail. 5. Learned counsel for the Objector raised no objection to the bail application of the applicant. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, an agreement dated 05.08.2025 has been executed between the complainant and the applicant whereby settlement has been done between the parties outside the Court, and the counsel for the Objector has raised no objection to bail of the applicant, the applicant is in jail since 26.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Vivek Kumar, involved in Crime No. 232/2025, registered at Police Station – Dallirajhara, District – Balod (C.G.) for the offence punishable under Sections 318(4), 3(5) and 317 of the BNS and Section 66(D) of the IT Act, be released on bail on his 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 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 4 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 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 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 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. 9. 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 Rajshekhar