1 2025:CGHC:57227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9513 of 2025 • Gopal Agrawal S/o Shri Jagdish Prasad Agrawal Aged About 30 Years R/o Ashish Sai's House In Front Of Tanishri Traders Near Chilfi Heights Bhavna, Nagar, Shankar Nagar, Raipur District- Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Cyber Range Police Station District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kashif Shakeel, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.11.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.17/2025, registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 111, 3(5) of BNS, 2023. 2. The first bail application filed by the applicant was rejected on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 18:47:05 +0530 2 07.05.2025 in MCRC No.3524 of 2025. 3. The case of the prosecution, is that the Complainant Umakant Verma has lodged a complaint that between 17.03.24 to 27.09.24, who is working in the post of Grade-2 in Loco Shed in Bilaspur, he was lured by the unknown accused mobile number 9690047185 through a message through WhatsApp to earn money sitting at home by doing free task, in which the screenshot was sent by liking the product of Amazon App and through this, cashback will be given at the rate of Rs. 50 per like and the applicant will be given a prepaid task, by which he will get 30% profit in the amount, the applicant has been cheated online for a total of Rs. 50,00,000/- on different dates in different accounts. Upon investigation the police has filed the Chargesheet and the only allegation against the present applicant is that at the instance of his neighbor Prateek Jain he has sold his bank account to his acquaintance one Vinod Rathod R/o Korba (CG) for which Prateek Jain paid 2,00,000/- to him. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that co-accused namely Prateek Jain, whose bail application was rejected by this Court in MCRC No. 5826 of 2025 vide order dated 25.07.2025, he has already been granted bail by learned Apex Court in SLP No.16336 of 2025 vide order dated 14.11.2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 04.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail 3 application. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused namely Prateek Jain has already been granted bail by learned Apex Court in SLP No.16336 of 2025 vide order dated 14.11.2025, charge-sheet has been filed against the applicant, the applicant is in jail since 04.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Gopal Agrawal, involved in Crime No.17/2025, registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 111, 3(5) of BNS, 2023., 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. (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, 4 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. 9. 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 vaishali