1 2025:CGHC:7321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1084 of 2025 Abhishek Jain S/o Dharmichand Jain Aged About 35 Years R/o- Jyoti Nagar Sahapura, Bhilwada, Rajasthan ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Cyber Police Station, Range Raipur, District Raipur (Chhattisgarh) ... Non-Applicant(s) For Applicant(s) : Mr. Mayank Chandrakar, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Panel Lawyer. For Objector : Mr. Vikash A. Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 324/2023 registered at Police Station Cyber Police Station, Range Raipur, District Raipur (C.G.) for the offence punishable under Section 420 r/w Section 34 of IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, namely, Atul Bansal lodged a complaint before Police Station Cyber Police Station, Range Raipur, District Raipur (C.G.) alleging therein that the applicant alongwith other co-accused persons, namely, Brijesh Patel, Suresh Gurjar, Savarlal and Om Prakash Sen defrauded various individuals, including the complainant, of Rs.77,23,000/- through online transactions, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the matter has already been compromised between the parties, as the applicant has already paid out all the amounts due to the complainant and he has no objection, if the present applicant has been granted bail. The applicant is in jail since 06.01.2025, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. He further submits that applicant alongwith other co-accused persons had defrauded various individuals including the complainant of Rs.77,23,000/- through online transactions, therefore, he is not entitled for grant of bail. 5. Learned counsel for the Objector submits that the matter has already been compromised between the parties, as the applicant has already paid out the amounts due to the complainant, further 3 the complainant has no objection, if the present applicant has been granted bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 06.01.2025, the fact that though the applicant alongwith other co-accused persons had defrauded various individuals including the complainant of Rs.77,23,000/- through online transactions, but the matter has already been compromised between the parties, as the applicant has already paid out the amounts due to the complainant and the complainant has no objection, if the present applicant has been granted bail, further charge-sheet has not been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Abhishek Jain, involved in Crime No. 324/2023 registered at Police Station Cyber Police Station, Range Raipur, District Raipur (C.G.) for the offence punishable under Section 420 r/w Section 34 of IPC, be released on bail on his furnishing a personal bond with two local 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil