1 2025:CGHC:42780 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5177 of 2025 Jitendra Baidh S/o Late Shree Kushal Baidh Aged About 24 Years R/o - Village - Sonabaal, P.S. - Kondagaon, District - Kondagaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - P.S. - Kondagaon, District - Kondagaon (C.G.) ... Respondent For Applicant : Shri Vivek Sharma and Shri Ayush Verma, Advocates. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.208/2025 registered at Police Station Kondagaon, District Kondagaon (C.G.) for the offence punishable under Sections 317(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.24 12:52:19 +0530 2 317(4), 317(5), 111 of BNS. 2. Case of the prosecution, in brief, is that complainant Ashwan Kumar Mandavi was transferring Rs.3,65,000/- (Three Lakhs Sixty Five Thousand Rupees) to his friend but due to some fault the amount got transferred to some other person named as Himanshu Shekhar Singh. Thereafter consultation with the bank, complainant made a complaint on 1930 online cyber portal. Himanshu Shekhar Singh transferred that money to some other person's and due to the complainant's report the police officials hold the account of those persons. Thereafter those persons returned the amount to the complainant through cash and online mode. As complainant got his money back he withdrawn his complaint but he could not withdrawn his complaint from online cyber portal. On the report from the cyber, police station kondagaon has registered an FIR on the basis of the account number of the present applicant on the suspicion of that his account is mule account. 3. Learned counsel for the applicant submitted that the applicant and the complainant are posted as forest guard in forest department. It is stated that the matter has been compromised with the applicant and complainant and the money in question Rs.3,65,000/- has already been received by the complainant and there has been no further online fraud has been committed in respect of the account of the complainant. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 09/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case 3 before the competent court. She would further submit that the applicant has no criminal antecedents. 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, considering the fact that matter has been compromised with the applicant and complainant and the money in question Rs.3,65,000/- has already been received by the complainant and there has been no further online fraud has been committed in respect of the account of the complainant, period of detention of the applicant since 09/06/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Jitendra Baidh, involved in Crime No.208/2025 registered at Police Station Kondagaon, District Kondagaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of BNS, 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri