1 2025:CGHC:20486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2299 of 2025 Jitendra Agrawal S/o Ved Prakash Agrawal Aged About 42 Years R/o Ward Number 38 Near Jay Stambh Chowk Ambikapur District Surguja (C.G.), at Present R/o Sanjay Nagar Odginaka Baikunthpur District Korea Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Cyber Police Station Range Bilaspur, District- Bilaspur, C.G. ... Non-applicant For Applicant : Dr. Vikram Kumar Dixit, Advocate with Mr. Hemant Gupta, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer For Objector : Mr. Aman Pandey, Advocate, Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2025 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. 05/2025, registered at Police Station : Cyber Police Station Range Bilaspur, District- Bilaspur, (C.G.) for the offence punishable under Sections 318(4), 3(5) and 111 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in a nutshell, is that between 05.01.2025 and 27.01.2025, the complainant, Shyam Sundar Prasad, was advised by two individuals, Arun and Heri Singh, to invest in B-5 share trading, assuring him that he would earn three times the invested amount, as the market was currently performing well and a significant return was expected soon. Acting on their advice, the complainant deposited a total of Rs. 14.25 lakhs into various bank accounts provided by Arun and Heri Singh. It is alleged that, on 21.01.2025, an amount of Rs. 50,000/- was deposited into the account of the present applicant. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He further submits that the applicant never asked the victim to deposit any amount into his bank account. It is also submitted that the applicant had old business relations with the co-accused, Ram Kripal Sahu. On the basis of that relationship, Ram Kripal Sahu requested the applicant to receive a certain amount in his bank account, stating that he was expecting a short payment but was facing some issues with his own account at the time. Since he urgently needed to make a payment in Baikunthpur and the applicant was also present there, he requested the applicant to accept the amount and hand it over to him the same day. Based on this request, the amount was deposited into the applicant’s account. There is no allegation or mention of the applicant’s direct involvement in the alleged crime. He further submits that the present applicant has no any previous criminal antecedents and he 3 is in jail since 23.02.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposes the submission made by the learned counsel for the applicant and submits that the applicant has committed fraud by taking money Rs. 14.25 lakhs from the complainant with promises of high returns and failed to return the money to the complainant. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the applicant has committed fraud by taking money from the complainant with promises of high returns to invest in the share market, but nothing incriminating has been seized or recovered from his possession and further the charge-sheet has been submitted before the competent Court and the applicant has no any previous criminal antecedents and he is in jail since 23.02.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. 7. Let applicant, Jitendra Agrawal, involved in Crime No. 05/2025, registered at Police Station : Cyber Police Station Range Bilaspur, District- Bilaspur, (C.G.) for the offence punishable under Sections 318(4), 3(5) and 111 of Bharatiya Nyaya Sanhita, 2023, be 4 released on bail on 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan