1 2025:CGHC:20512 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3462 of 2025 Sanjay Jaiswal S/o Icchapati Aged About 40 Years R/o M/230, Sector-C Colony, Raj Nagar Colony, District- Anuppur (Madhya Pradesh) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station - Supela, District- Durg (C.G.) ... Non-Applicant(s) For Applicant : Mr. Amit Kumar, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 148/2025 registered at Police Station- Supela, District- Durg (C.G.), for the offence punishable under Section 318(4), 61(2), 111(3) of BNS. 2. Case of the prosecution, in brief is that as per the case diary on 03.02.2025, the Assistant Sub-Inspector, due to the stay and he visit to V.I.P in District Durg, He went to Hotel Landmark along with KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 his staff for checking, during checking, room of Hotel Landmark. During the checking of the room of the persons namely Sunil Vishwakarma and other co-accused and the applicant staying at room No.-302, a form for loss of documents registered in G.R.P Raipur was found with the other co-accused namely Rajesh Jaiswal, in which mention of loss of Canara Bank cheque book of Manendragarh branch and other documents was found. On suspicion of finding Canara Bank cheque book and Manendragarh branch cheque book and ATM and other documents with him on the spot, he was summoned and witnesses present on the spot were given notice, all the items were brought to the police station and questioned, and his mobile phone and application to the branch manager Canara Bank Manendragarh on 31.01.2025 for turning on net banking and bulk mode, in which account number- 120032974985 of Canara Bank Manendragarh branch was found, which is the same as the account number-120032974985 of Canara Bank cheque book found with him, from the observation of documents and mobile found with him, illegal transaction was found. The applicant and other co-accused by conspiring and committing fraud, have committed a crime. Prima facie, they were found to be earning illegal money through the bank by working together and in an organized manner. On the spot, a rural complaint was lodged against the applicant and other co-accused under Sections 318(4), 61(2), 111(3) of the B.N.S, 2023 and the case was registered in crime No. 148/2025 by the police station Supela District Durg. 3 3. Learned counsel for the applicant submits that hat the present applicant is innocent and he is falsely been implicated in the instant case. He further submits that the present applicant is in jail since 04.02.2025 and there is no any illegal transaction in the account of the applicant. He further submits that the present applicant stay in the hotel room with the other co-accused but he has not committed any offence and the account of the present applicant is not involve for any illegal transactions as well as applicant not supported to the anybody for illegal transaction or committed crime and in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel, appearing for the State/non-applicant opposes the the prayer for grant of bail and submits that from the evidence collected by the police, prima facie it appears that the applicant along with co-accused are also involved in the said offence, which is a cyber-related online fraud. Further, it is revealed that the accused, along with other witnesses, have made online transactions worth crores of rupees in various 11 accounts of Canara Bank under the Gaming Act. Currently, such criminal activities are on the rise. The offence committed by the applicant along with co-accused is of a serious nature and there is no basis in the case diary to suggest that they have been falsely implicated in the crime. Accordingly, the present applicant is not entitled for grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstance of the case, nature and gravity of offence, period of detention of the applicant since 04.02.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no previous criminal antecedent further no any recovery has been made from him and the trial is likely to take some time for its conclusion, therefore without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. 7. Let the applicant – Sanjay Jaiswal, involved in Crime No. 148/2025 registered at Police Station- Supela, District- Durg (C.G.), for the offence punishable under Section 318(4), 61(2), 111(3) of 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 5 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal