1 2025:CGHC:61041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8984 of 2025 Deepak Chawada S/o Late Ravindra Kumar Chawada, Aged About 37 Years R/o Badan Singh Mohlla Ward No. 15, Manendragarh, Police Station And Tahsil Manendragarh, District Manendragarh- Chirmiri- Bharatpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Manendragarh, District Manendragarh- Chirmiri- Bharatpur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Sunil Verma, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 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. 137/2025 registered at Police Station- Manendragarh District- Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 61(2), 318(4), 319(2) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that during the investigation of the mule account of the applicant by the Indian Cyber Crime KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Coordination Centre, it was found that an amount of Rs. 96,660/- had been illegally transferred into the account of the applicant. Consequently, the crime was registered and the charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above and besides the above, the evidence collected by the prosecution are also not prima facie sufÏcient to hold the applicant guilty of the aforesaid offences and he is in jail since 18.08.2025 and in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal record and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel vehemently opposes the bail application and submits that the investigation reveals that the applicant knowingly opened and used his bank account as a mule account for committing cyber fraud, in respect of which five complaints have been registered from five different States of the country and an amount of Rs. 96,660/- was fraudulently credited into his account. It is further submitted that the applicant handed over his bank account to a co- accused who is absconding and the charge-sheet has already been filed clearly establishing the involvement of the applicant. Considering the serious and increasing nature of cyber offences, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions advanced by learned counsel for the parties, the facts and circumstances of the case, the nature and gravity of the offence, the period of incarceration of the applicant since 18.08.2025, and the fact that the charge-sheet has already been filed before the competent Court, coupled with the absence of any criminal antecedents against the applicant and further taking into consideration that no further custodial interrogation of the applicant is required and that the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the present applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant – Deepak Chawada, involved in Crime No. 137/2025 registered at Police Station- Manendragarh District- Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 61(2), 318(4), 319(2) of the Bhartiya Nyaya Sanhita, 2023, 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. 4 (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 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal