1 2025:CGHC:53105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7601 of 2025 • Priyanshu Sahu S/o Late Shravan Sahu Aged About 33 Years Caste Teli R/o Pendra, Police Station Pendra, District- Gaurela Pendra Marwahi (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Pendra District- Gaurela Pendra -Marwahi (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Yogendra Chaturvedi, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 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. 57/2025, registered at Police Station – Pendra, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 312, 314, 317(2), 317(4), 61(1)(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.03 10:54:19 +0530 2 2. The case of the prosecution, is that complaint ASI, Manoj Kumar Hanotiya, Cyber Cell, Gaurela-Pendra-Marwahi lodged a report on 01.03.2025 to the effect that as per the information received from the Directorate Coordination Portal there has been a online fraud committed by the mule account holders and fraudulently gained illegal amount of Rs. 3,99,241/- through bank accounts opened with the Bank of Maharashtra, Bank of India, Amazon Pay India Pvt. Ltd., IDBI Bank, HDFC Bank, ICICI Bank, Axis Bank and Bank of Baroda. It is also said that these accounts are involved in the complaints registered regarding the online financial fraud in National Cyber Crime Reporting Portal. It is also said that the account holders have received fraud amount of Rs. 3,99,241/- through their accounts and the racket is active Police Station Pendra Area. It is also said that complaints are registered against these accounts in several police stations of National Cyber Crime Reporting Portal at all over the India. It is also said that offence has been registered against the account holders, who have received illegal amount after having committed pre-planned cyber fraud and thus offence has been registered against the 31 number of account holders as FIR No. 57/2025 in connection with the office punishable under section 312, 314, 317(2), 317(4), 61(1) (2) of B.N.S. (As per the charge sheet).. Thereafter the FIR was lodged. The arrest is totally illegal hence the application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this 3 case. It is further argued that there is total five accused persons including the present applicants and two co-accused persons have already been granted bail by this Court in MCRC No.2342 of 2025 vide order dated 09.05.2025 and in MCRC No.4079 of 2025 vide order dated 27.05.2025, there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 04.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case as a absconder against the present applicant. It is further submitted that bail application filed by the two co-accused persons have been rejected by this Court in MCRC No.4127 of 2025 vide order dated 30.06.2025 and MCRC No.4309 of 2025 vide order dated 12.06.2025 and two other co- accused persons granted bail by this Court in MCRC No.2342 of 2025 vide order dated 09.05.2025 and in MCRC No.4079 of 2025 vide order dated 27.05.2025. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the 4 applicant and the fact that there is only one criminal antecedents registered against the present applicant, two co- accused persons have already been granted bail by this Court, charge-sheet has been filed against the applicant, the applicant is in jail since 04.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Priyanshu Sahu, involved in Crime No.57/2025, registered at Police Station – Pendra, District – Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 312, 314, 317(2), 317(4), 61(1)(2) of the Bharatiya Nyaya Sanhita, 2023 (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. (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 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali