1 2025:CGHC:6074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 938 of 2025 • Jashvindar Singh S/o Dilbagh Sahani Aged About 58 Years R/o H.No. B/18, Kailash Nagar, Ward No. 29, P.S. City Kotwali, Tahsil And District Rajnandgaon (C.G.). ... Applicant. Versus • State Of Chhattisgarh Through The Station House Officer, P.S. Pandari, District Raipur (Wrongly Mentioned As Cyber Range Raipur, C.G.) ... State/Respondent(s) For Applicant : Shri Anurag Jha, Advocate. For State : Shri UKS Chandel, Deputy AG. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2025 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. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.04 16:37:46 +0530 2 305/2024 registered at Police Station Pandari, District – Raipur (C.G.), for the offence punishable under Sections 318(4), 3(5) of BNS(As per Challan 420/34 of IPC). 2. Prosecution case in brief is that on 14.11.2024, applicant received a phone call made by Cyber Cell, Raipur wherein it was alleged that Rs.9.50 Lakh has been deposited in applicant’s Bank Account No.50100757834140. Police has seized the said amount which is clear from property seizure memo. After investigation, applicant was arrested and charge-sheet has been filed. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that applicant is a handicapped person and in support, copy of medical documents have been annexed along with covering memo. Learned counsel further submits that applicant is a paralytic person who underwent severe brain shock. He further submits that disability certificate i.e. Test Report conducted by Life Care Scan and Research Centre, dated 06.02.2024 has been annexed with this petition which goes to show that present applicant has Impressions of 1) Acute left putaminal hematoma-likely hypertensive eitology 2) Mild cerebral and cerebellar atrophy. He also submits that present applicant is a uneducated person who could not even sign and uses his thumb impression, therefore he is not a mobile expert who can commit cyber fraud. He further submits that unaccounted money of Rs.9,50,000/- has come into the account of present applicant which was transferred by Smt. MVSS Laxmipati to Mohammed Islam Nawab Malik. Subsequently, the 3 said amount which was transferred to Mohammed Islam Nawab Malik was recovered from present applicant’s account. He further submits that charge sheet has been filed and there are no criminal antecedents of the applicant who is in jail since 14.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and would submit that from the present applicant, Rs.9,50,000/- has been seized. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, nature and gravity of allegation levelled against the applicant as also the submission of learned counsel for the applicant that applicant is a disabled/paralytic person; charge-sheet has been filed and there are no criminal antecedents against the applicant therefore, this Court is of the opinion that present applicant is entitled to be granted regular bail on the ground of disability. 7. Let the Applicant- Jashvindar Singh, involved in Crime No. 305/2024 registered at Police Station Pandari, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS(As per Challan 420/34 of IPC), 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:- 4 (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 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. 5 8. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Avinash