1 2025:CGHC:51499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8275 of 2025 Gumendra Verma S/o Arun Kumar Verma Aged About 29 Years R/o Village Thakurtola, Tahsil And Police Station Dongargarh, District Rajnandgaon C.G. ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station Dongargarh, District – Rajnandgaon, C.G. ---- Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this Second 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. 112/2025, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 411, 413 and 414 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that on 18.03.2025, the ASI of Police Station Dongargarh received information from the Cyber Cell, Rajnandgaon, based on inputs from the Ministry of Home Affairs, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Government of India, through the Coordinator Portal regarding mule account holders. The information pertained to bank account No.5260101004072 Canara Bank, Dongargarh Branch. On this basis, an offence was registered against the unknown account holder. During further inquiry, it was revealed that, in the said account, an amount of Rs. 710/- was deposited on 15.05.2024 (as per FIR), allegedly connected to cyber fraud, and another amount of Rs. 70,000/- was deposited on 03.06.2024, reportedly received from "Daman Game." Subsequently, the memorandum statement of the applicant was recorded, and pursuant thereto, his ATM card, passbook, SIM card, and Aadhaar card were seized. Thereafter, the applicant was arrested, and a final report was submitted by the police for the offences punishable under Sections 411, 413, and 414 of the IPC. 3. First bail application of the applicant was rejected by this Court vide order dated 30.07.2025 passed in MCRC No. 5880/2025, on merits. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the applicant is in jail since 18.03.2024, and till date no prosecution evidence has been recorded in spite of the summons being issued, and out of defrauded amount of money i.e. 70,000/-, only Rs. 710/- was recovered from the applicant. The trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the allegation against the applicant are serious in nature, involving use of a mule bank account in larger-scale cyber fraud. It is contended that the applicant’s bank account was directly traced through the Ministry of Home Affairs’ coordinator portal; 3 deposits liked to fraudulent transactions, including Rs. 70,000/- from “Daman Game,” have been identified, and incriminating materials such as ATM card, passbook, SIM card, and Aadhaar Card have been seized pursuant to his memorandum, therefore, he is not entitled for grant of bail. 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, it is observed that the applicant is in custody since 18.03.2024, and till date no prosecution witness has been examined by the trial Court despite issuance of summons against them. It is further noted that out of the alleged defrauded amount of Rs.70,000/-, only a sum of Rs.710/- has been recovered from the applicant, the conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Gumendra Verma, involved in Crime No. 112/2025, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 411, 413 and 414 of the IPC, 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. 4 (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