1 2025:CGHC:20723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3508 of 2025 Kailash Ram Padoti S/o Pemuram Padoti Aged About 20 Years R/o Village- Gopalpur, Tahsil And Thana- Chhuriya, District Rajnandgaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O. Thana- Gaindatola, District- Rajnandgaon, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ashwell Franklin, Advocate For Non-applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2025, registered at Police Station : Gaindatola, District- Rajnandgaon, (C.G.) for the offence punishable under Sections 318(4) and 61(2) of the Bhartiya Nyay Sanhita, 2023 and Section 66(C) of Information Technology Act. 2. Case of the prosecution, in brief, is that the complainant, who is in charge of the Cyber Cell, lodged a written report stating that he had RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 received secret information regarding the distribution of forged SIM cards by certain individuals, which were allegedly used in the commission of international crimes. Subsequently, one co-accused, namely Hemant Dongre, was arrested, and based on his memorandum statement, the present applicant was also arrested. Thereafter, an FIR was lodged by the complainant. On the basis of the above facts, an offence under Section 318(4) and 61(2) of the Bharatiya Nyay Sanhita and Section 66(C) of the Information Technology Act has been registered against the applicant/accused. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the present case. He further submits that no offence have been committed by the applicant, he has only recharge the mobile phone to the customers. He also submitted that the entire prosecution story is false and concocted, there is no evidence on record to suggest that the applicant is involved in the aforementioned crime, only on the memorandum of the co-accused and there is no recovery is made from the possession of the present applicant. He later submitted that, co-accused person, namely, Hemant Dongre and Taran Kumar Sahu have already been granted bail by the trial Court vide order dated 02.05.2025. He further submits that the charge-sheet has been filed, the applicant has no criminal antecedent and he is in jail since 29.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail. 3 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the Cyber Cell, lodged a written report stating that he had received secret information regarding the distribution of forged SIM cards by certain individuals, which were allegedly used in the commission of international crimes, during the investigation, one co- accused, namely Hemant Dongre, was arrested, and based on his memorandum statement, the present applicant was also arrested, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 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 charge-sheet has been filed and he is in jail since 29.02.2025 and conclusion of the trial is likely to take some time, further the co-accused persons, namely, Hemant Dongre and Taran Kumar Sahu have already been granted bail by the trial Court vide order dated 02.05.2025, therefore, I am inclined to allow this application. 7. Let applicant, Kailash Ram Padoti, involved in Crime No. 14/2025, registered at Police Station : Gaindatola, District- Rajnandgaon, (C.G.) for the offence punishable under Sections 318(4) and 61(2) of the Bhartiya Nyay Sanhita, 2023 and Section 66(C) of Information Technology Act, be released on bail on 4 furnishing 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 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 5 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 Rahul Dewangan