1 2025:CGHC:61316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9370 of 2025 Nitesh Kumar S/o Jagdish Chandra Aged About 36 Years R/o 824, Sadarpur Colony, Sector 45 Noida, Post Noida District- Goutambuddh Nagar (U.P.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station- Sarangarh Range Cyber Bilaspur, District- Bilaspur (C.G.) ... Respondent For Applicant : Smt. Preeti Yadav and Ms. Kavita Tiwari, Advocates. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.17 18:21:22 +0530 2 connection with Crime No.556/2024 registered at Police Station Sarangarh, Range Cyber Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 201, 34 of Indian Penal Code and section 66-C, 66-D of Information Technology Act. 2. Case of the prosecution, in brief, is that complainant Subhash Chandra Guru, lodged a First Information Report at Police Station Sarangarh, District Sarangarh–Bilaigarh, stating that between the years 2022 and 2024, he received calls at different times from mobile numbers 8381815808, 9540918473, 9118428483, 7970882319, and 9289771925. The callers, in the name of refunding the deposited amount of a lapsed Reliance Insurance policy, demanded various fees on the pretext of removing objections and, by misleading him with false assurances that the entire amount would be returned, cheated him of a total sum of Rs.48,42,075/-. Based on the said report of the complainant, a numbered offence was registered at Police Station Kotwali Sarangarh, District Sarangarh, and investigation was initiated. Subsequently, for further investigation of the case, the case diary was sent to Police Range Cyber Cell, Bilaspur. During the course of investigation, information regarding the account holders and mobile number holders was obtained on the basis of the complainant’s bank account and bank statements. Upon interrogation, account holder Kuldeep stated that, together with his associate Nitish, Shailesh Mishra, Shailesh’s brother Manish Mishra, and their associate Himanshu and others, they had 3 cheated common people by luring them under various pretexts in the name of getting refunded the deposited amount of lapsed insurance policies and money stuck in other types of investments. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She would submit that co-accused Shailesh Kumar Mishra whose bail has been rejected by this Court on 07/04/2025 in MCRC No.2746/2025 has preferred SLP (Crl.) No.8746/2025 before the Apex Court and he has been granted bail by the Apex Court on 29/10/2025. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/12/2024 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel do not dispute the fact that co-accused Shailesh Kumar Mishra whose bail has been rejected by this Court on 07/04/2025 in MCRC No.2746/2025 has preferred SLP (Crl.) No.8746/2025 before the Apex Court and he has been granted bail by the Apex Court on 29/10/2025. 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 co-accused Shailesh Kumar Mishra whose bail has been rejected by this Court on 07/04/2025 in MCRC No.2746/2025 has preferred SLP (Crl.) No.8746/2025 4 before the Apex Court and he has been granted bail by the Apex Court on 29/10/2025, period of detention of the applicant since 09/12/2024, charge sheet has been filed 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- Nitesh Kumar, involved in Crime No.556/2024 registered at Police Station Sarangarh, Range Cyber Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 201, 34 of Indian Penal Code and section 66-C, 66-D of Information Technology Act, 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 5 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