1 2025:CGHC:7760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 813 of 2025 Himanshu Nirmalkar S/o Chandulal Nirmalkar Aged About 27 Years R/o House No. 60, Ward No. 06, Marar Para, Dharampura, Krishak Nagar Raipur, Dist.- Raipur, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer (SHO) P.S. Cyber Police Station Range Raipur, Dist. Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vinayak Sharma, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.578/2024, registered at Police Station Cyber Police Station Range Raipur, Dist. Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of the BNS. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.14 10:53:02 +0530 2 2. The prosecution story in a nutshell is that the Complainant/ Naveen Kumar submitted a written complaint at Police Station Telibandha Raipur that on 21.07.2024, both Ritu Bohra and Madhu Shah, through their mobile numbers 8734002842 and 8653569868 respectively, sent a WhatsApp message to the complainant mobile number 8319178485 through group 01. EC SMC GLOBAL SECURITIES STOCK PULL UP GROUP and group 02. E105 SIRI ELITE EXECUTIVE TEAM by luring him with high profits in the share market and added him to both the groups. Director Ajay Garg, and Vineet Gupta, Sukhwinder Singh Sindhu and Madhu Shah, all together hatched a criminal conspiracy and through WhatsApp chat at different times from 25.07.2024 to 13.08.2024, a total of Rs. 1,39,15,000/- was deposited in different bank accounts. During the investigation of the said complaint, Rs. 4,71,000/- was transacted in SBI account number 42797916499 on 30.07.2024, Rs. 10,00,000/- on 31.07.2024 and Rs. 5,00,000/- on 01.08.2024, totaling Rs. 19,71,000/- was transacted. On receiving the information, the account holder was found to be Himanshu Nirmalkar/present applicant, proprietor of Himanshu Enterprises. Then, upon taking the applicant/ Himanshu Nirmalkar into custody and questioning him, he told that he had sold his registered mobile number to an unknown person for Rs. 50,000/- and sent it through post. Then, the applicant/accused has been arrested and further investigation is being done in the case. A report has been filed through the cyber portal since the bank account of the applicant was used in cases of fraud committed with 38 applicants from 15 3 other states of India. 3. Learned counsel for the applicant submits that the above case is of civil nature as it is related to transactions, trading and recovery. The accused have not committed any crime like fraud, yet the police have registered a crime against the accused under Section 420 IPC under political pressure. He further submits that there is no direct allegation against the present applicant and only vague allegations are levelled against him. Looking to the material available on record, prima facie case is not made out against the present applicant. Present applicant operate a wholesale business of saree & on the basis of having amount in his bank account he got arrested in the alleged case. The applicant has been falsely implicated in the case & there has been absolutely no seizure of any kind of from the present applicant. The instrument used for the said fraud had also not been seized from the applicant. The present applicant has no previous antecedents registered against him and he is languishing in jail since 01.10.2024 hence, he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application of the applicant but could not dispute the fact that applicant has no previous criminal antecedents registered against him. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant has no previous criminal antecedents 4 registered against him, charge-sheet has already been filed and the applicant is languishing in jail since 01.10.2024, this Court is of the opinion that the applicant is entitled to be released on bail. Accordingly, the bail application of the applicant is allowed. 6. Let applicant, Himanshu Nirmalkar, involved in Crime No.578/2024, registered at Police Station Cyber Police Station Range Raipur, Dist. Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of the 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 sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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, 5 under Section Section 209 of 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 sufÏcient 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. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan