1 2025:CGHC:58965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7946 of 2025 • Devendra Sahu S/o Chaturbhuj Sahu Aged About 29 Years R/o Krishna Grand City, Arya Nagar, Kohkha, Police Station- Supela, District : Durg, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station- Bhoramdev, District : Kawardha (Kabirdham), Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Aditi Singhvi, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate and Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 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. 28/2025, registered at Police Station – Bhoramdev, District – Kabirdham (C.G.) for the offence punishable under Sections 317(4), 318(2), 62(2) and 111(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that upon persual of the records of one Mule Account bearing No. 98705500082 ICICI Bank, it was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.05 17:48:39 +0530 2 found that the account holder M/s Bhoramdeo Krishi Kendra Village- Chikhli, Post Rajnandgaon had taken amount of cyber fraud in its account in the year 2023 and 2024, after which the investigation was carried out and the account holder stated that co-accused Satyanarayan Dubey had told him to provide the bank account details and other documents and the commission received by them i.e. RS. 40,000/- was equally distributed between account holder Namdeo Sahu and Satyanarayan Dubey. Later on upon recipet of large amount they asked they band to hold the amount and changed the mobile number. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. She further submits that only on the basis of memorandum statement of the co-accused person, present applicant falsely implicated in crime in question and 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 13.06.2025 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 no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. He would further submit that in compliance of the Court’s order dated 08/10/2025, Shri Dharmendra Singh Chhawai, Superintendent of Police, Kawardha, District-Kabirdham, has filed his personal affidavit in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and also considering the fact that only on the basis of memorandum statement of the co-accused, present applicant has been implicated in this case and there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 13.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Devendra Sahu, involved in Crime No.528/2025, registered at Police Station – Bhoramdev, District – Kabirdham (C.G.) for the offence punishable under Sections 317(4), 318(2), 62(2) and 111(3) 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali