1 2025:CGHC:21435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1093 of 2025 1 - Sameer Thorat S/o Shri Khanderao Thorat, Aged About 25 Years R/o Village - Chadonli, Budruk, Taluka Ambegaon, P.S. - Manchar, District - Pune (Maharashtra). ... Applicant versus 1 - State of Chhattisgarh Through - S.H.O. Police Station - Telibandha, Raipur, District - Raipur (C.G.). ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2025 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. 644/2024 registered at Police Station Telibandha, District Raipur (C.G.), for the offence punishable under Sections 318(4), 61 of BNS. 2. Case of the prosecution is that, the complainant Animesh Tiwari lodged a written report at police station Telibandha stating that he is working as Manager in Sales Resera Gujarat Company. On VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.12 11:40:54 +0530 2 08.07.2024 he was added in Chandra High Quality Stock Sharing Group by its admin namely Chandra Takal and assured that he will get maximum returns on low investment thereafter on 08.08.2024 he started investment of Rs.10,000/- and thereafter invested Rs. 88 lakhs and when he want to disburse the amount he has been asked to deposit Rs. 10 lakhs 70 thousand and thereafter applicant felt that he became the victim of cyber fraud of total amount of Rs. 99 lakhs. Therefore, report has been lodged for offence u/s- 318 (4), 61 of B.N.S and during investigation applicant has been arrested and alleged that in applicant's bank account amount of Rs.5,00,000/- has been credited. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant has an R.T.O agent and to open his office he needed some money and after seen the advertisement published by co-accused he came into contact with them, they said they will provide him business loan and there by obtaining all the documents related to KYC from the applicant original culprit were misused them. He also submits that the applicant has no knowledge about that the co-accused has opened forged bank account in the name of applicant, which the applicant came to know after receiving the notice sent by the police station on 28.11.2024 and asked to appear before them on 02.12.2024 before that he has been arrested on 29.11.2024 and the applicant is in jail since 01.12.2024 the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the 3 present case before the competent Court and the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no knowledge about that the co-accused has opened forged bank account in the name of applicant, which the applicant came to know after receiving the notice sent by the police station on 28.11.2024 and asked to appear before them on 02.12.2024 before that he has been arrested on 29.11.2024 and the applicant is in jail since 01.12.2024 conclusion of the trial is likely to take quite long time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Sameer Thorat involved in Crime No. Crime No. 644/2024 registered at Police Station Telibandha, District Raipur (C.G.), for the offence punishable under Sections 318(4), 61 of BNS, be released on bail on their 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 she 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 her absence, without sufficient 4 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali