1 2025:CGHC:59273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8184 of 2025 Rohit Sharma S/o Late Lalbabu Sharma Aged About 28 Years R/o Nagar Panchayat, Wadrafnagar, Ward No. 13, Chowki - Wadrafnagar, District - Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Chowki - Wadrafnagar, Police Station - Basantpur, District - Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. D.N. Prajapati, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 148/2025 registered at Police Chowki-Wadrafnagar, Police Station : Basantpur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act. 2. As per the prosecution story, in brief, the applicant fraudulently received ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.06 12:27:16 +0530 2 an amount of Rs. 10,650/- in his Bank Account No. 39007623769 from Sajid Khan. On the basis of the complaint made to this effect, offences under Section 318(4) of the Bhartiya Nyay Sanhita and Section 66(D) of the Information Technology Act have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has not obtained any amount from Sajid Khan by way of fraud or cheating. The applicant has already returned the amount of Rs. 10,650/- to Sajid Khan and has settled the dispute. He further submits that the applicant has no criminal antecedents and has been in jail since 27.08.2025, and that the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant.. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the applicant has already returned the amount of Rs. 10,650/- to Sajid Khan and has settled the dispute, further, that the applicant has no criminal antecedents and the charge- sheet has already been filed before the competent Court and that the applicant has been in jail since 27.08.2025 and the conclusion of the trial is likely to take some time, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rohit Sharma, involved in Crime No. 148/2025 registered 3 at Police Chowki-Wadrafnagar, Police Station : Basantpur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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 4 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek