1 2025:CGHC:51473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8240 of 2025 Umendra Netam Alias Sunil S/o Kirtan Ram Netam Aged About 33 Years Ward No. 25, Railway Colony Rajhara, P.S. Rajhara Tehsil Doundi, District - Balod (C.G.) ... Applicant versus 1. State Of Chhattisgarh Through The Police Station Rajhara, District - Balod (C.G.) 2. Saraswati Thakur W/o Late Jugnu Thakur Aged About 33 Years R/o Ward No. 25, Behind Residence Of Doctor Anand, Dallirajhara, P.S. Rajhara Tehsil Doundi, District - Balod (C.G.) (Complainant) ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan and Mo. Rarooq Azam, Advocates. For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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. 222/2025, registered at Police Station – Rajhara, District- Balod (C.G.) for the offence punishable under Sections PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.16 18:09:18 +0530 2 318(4) and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). 2. The prosecution story in brief is that on 12.07.2025, Saraswati Thakur, who is a relative of the accused, lodged a written report stating that between 1 April 2024 and 11 September 2024, her cousin, Umendra Netam, was assisting her with her compassionate appointment and other government-related work. The applicant’s late husband, Juganu, had a PhonePe-linked Google ATM card with the number 7879777047. Umendra requested the SIM card associated with this number, claiming it would be used to facilitate the compassionate appointment process with government officials. The applicant provided the SIM card to him in good faith. However, Umendra allegedly misused the card and fraudulently transferred a total amount of Rs.4,66,000 from the applicant’s account to his wife, Shalini, through online transactions. Based on this complaint, Police Station Rajhara, District Balod (C.G.), registered an FIR against the present applicant and her wife for the alleged offences punishable under Sections 318(4) and 3(5) of the Bhartiya Nyay Sanhita, 2023. It is further stated that the applicant’s wife has been released by Police Station Rajhara on a Muchalka (personal bond). 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has no role to play in the 3 commission of the alleged offence and there is no evidence against the applicant connecting him with the alleged commission of the offences in any way whatsover,. It is submitted that the applicant is no where involve in transaction of alleged money as official or unofficial capacity, he has not received any money from the complainant. He further submits that the applicant has one previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 14.07.2025 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 opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 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 has one previous criminal antecedent, the charge-sheet has been filed and he is in jail since 14.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Umendra Netam Alias Sunil, involved in Crime No. 222/2025, registered at Police Station – Rajhara, District- Balod (C.G.) for the 4 offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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 sufficient cause, the trial court may proceed against his 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 5 proceedings against his, 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 his in accordance with law. 8. 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 Preeti