1 2025:CGHC:53683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7728 of 2025 • Sahil Kumar S/o Ashok Kumar Aged About 30 Years R/o Ballamwada, P.S.- Sardulgarh, District : Mansa *, Punjab ... Applicant versus • State of Chhattisgarh Through District Magistrate, Durg, C.G. , Through P.S.- Padmanabhpur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sumit Singh, Advocate For Respondent/State : Mr. Jitendra Shrivastava, G.A and Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.11.2025 1. The applicant has preferred this First 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. 171/2024, registered at Police Station – Padmanabhpur (C.G.) for the offence punishable under Section 420/34 of IPC and Section 66(D) of Information Technology Act. 2. The prosecution story, in brief, is that on a complaint made by Dr. Basant Verma to the police station and Crime Branch Durg and to the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.04 17:54:30 +0530 2 Cyber Crime Information Portal that on the basis of whatsapp and telegram social platform he has been cheated on false allurement that if the money is invested for digital marketing he would be daily getting Rs.400 to Rs.500/- per day and accordingly the complainant invested money and he was cheated. On the written complaint lodged by the complainant FIR was lodged on 17.04.24 and upon investigation four persons have been arrayed as accused and Sahil Kumar and Rakesh Kumar have been arrested and charge-sheet has been filed on 02.09.2025 showing Sandeep Yadav and present applicant Manjindar Kaur as absconding. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and further submitted that applicant has not named in the FIR and complainant has not deposited any money in the account of the present applicant. It is argued by learned counsel for the applicant that applicant was working at petrol pump and his bank account was misused by the main accused namely Rakesh Kumar. He also submits that applicant is in jail since 05.07.2025 and he has no criminal antecedents, trial is likely to take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant and he has one criminal antecedent of State of Hyderabad. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, submissions made by learned counsel for the partied and considering the fact that the applicant’s 3 bank account was misused by the main accused namely Rakesh Kumar, applicant is in jail since 05.07.2025, conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant- Sahil Kumar involved in Crime No. 171/2024, registered at Police Station – Padmanabhpur (C.G.) for the offence punishable under Section 420/34 of IPC and Section 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 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 4 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 vaishali