1 2025:CGHC:20718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1937 of 2025 1 - Akash Sahu S/o Hemraj Sahu Aged About 18 Years R/o Shankar Nagar Suhagi, Ward No. 74, P.S. Adhartal District Jabalpur Madhya Pradesh 2 - Sahil Barman S/o Sunil Barman Aged About 21 Years R/o Shankar Nagar Suhagi, Ward No. 74, P.S. Adhartal District Jabalpur Madhya Pradesh ... Applicants versus State Of Chhattisgarh Through - P.S. Parpodi, District – Bemetara, Chhattisgarh. ---- Non-applicant For Applicant : Ms. Karuna Masih, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.05.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 08/2025, registered at Police Station – Parpodi, District – Bemetara (C.G.) for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the applicants have done online fraud with the complainant where the they called her on whatsapp and stated RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 that they are Police Officers and in her name some illegal article has been deported and for that cause FIR has been registered against her name in the Police Station Khamtarai, and shown the clip of the Police Station and if want to quash the FIR have to pay amount where the complainant in fear send amount in UPI transaction in different UPIs total amount of Rs. 9,11,999/- after that the complainant lodged a complaint before the concerned Police Station about the incident, and the Police arrested the applicants. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 09.02.2025 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 applicants, and the charge-sheet has been filed in this case. It is further submitted that the applicants have done online fraud with the complainant where the they called her on whatsapp and stated that they are Police Officers and in her name some illegal article has been deported and for that cause FIR has been registered against her name in the Police Station Khamtarai, and shown the clip of the Police Station and if want to quash the FIR have to pay amount where the complainant in fear send amount in UPI transaction in different UPIs total amount of Rs. 9,11,999/- after that the complainant lodged a complaint before the concerned Police Station about the incident, and the Police arrested the applicants, therefore, they are not entitled for 3 grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is no any criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicants, the applicants are in jail since 09.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Akash Sahu and Sahil Barman, involved in Crime No. 08/2025, registered at Police Station – Parpodi, District – Bemetara (C.G.) for the offence punishable under Sections 318(4) of the BNS, 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 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 4 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. 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 Rajshekhar