1 2025:CGHC:56189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8447 of 2025 Girish Kumar Verma, Aged About 36 Years, S/o Shri Damodar Prasad R/o Ward No. 07, Naya Shishu Mandir Kumhari, Police Station And Tahsil Kumhari, District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kukdur, District Kabirdham, Chhattisgarh. ... Respondent For Applicant : Shri Pushpendra Kumar Patel, Advocate. For Respondent/State : Ms. Supriya Upasne, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/11/2025 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.29/2025 registered at Police Station Kukdur, District-Kabirdham (C.G) for the offence punishable under Sections 318(4) & 3(5) of the Bharatiya Nyay Sanhita, 2023 & Sec. 66(C) of the Information GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.18 19:27:18 +0530 2 Technology Act, 2000. 2. Case of the prosecution, in brief, is that the complainant Ganesh Ram Dhurve R/o. Buchipara, Police Station Pandariya District Kabirdham had filed a written report in Police Station Kukdur, District Kabirdham, alleging therein that in the month of July, 2024, the main accused namely Netram Dahariya had approached him for facilitating loan from the bank and shown himself to the registered agent. On this the bank and shown himself to the registered agent. On this count, he had taken signature on the form as well as on the revenue papers of the agricultural land. After sometime, the main accused in consultation with the branch employee had withdrawn Rs.16.50 lakhs either through ATM as well as online transaction and had committed cheating with the complainant. Based on the written report of the complainant, the police station has registered the First Information Report under Crime No. 29/2025 on 24.02.2025 against the accused persons for the offence punishable Under Sections 318(4) & 3(5) of the Bharatiya Nyay Sanhita, 2023 & Sec. 66(C) of the Information Technology Act, 2000. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there is no direct allegation against the present applicant, only vague allegation have been made against him. He would submit that there is cordial relation between the complainant and the main accused namely Netram Dahariya and the financial transactions were always done between them. He would submit that there is no direct involvement of the present applicant but he has been convicted based on the memorandum of the witnesses. He would submit that the charge sheet 3 has been filed in this case, the applicant is in jail since 15/09/2025 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 before the competent court and 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, nature of allegation levelled against the applicant, period of detention of the applicant since 15/09/2025, 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- Girish Kumar Verma, involved in Crime No.29/2025 registered at Police Station Kukdur, District-Kabirdham (C.G) for the offence punishable under Sections 318(4) & 3(5) of the Bharatiya Nyay Sanhita, 2023 & Sec. 66(C) of the Information Technology Act, 2000, 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 4 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 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