1 2025:CGHC:8690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1103 of 2025 Abdur Rahman Molla S/o Abdur Rashid Molla Aged About 45 Years R/o Village Joypur, Police Station Kashipur, District South 24 Parganas, Pin 743502, West Bengal. --- Applicant versus State of Chhattisgarh Through Police Station Devendra Nagar (Cyber Range Raipur), Raipur, District Raipur, Chhattisgarh --- Non-applicant For Applicant : Mr. Md. Shamimuddin, Advocate For Non-applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 322/2024, registered at Police Station : Devendra Nagar, Cyber Range Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that Ashish Krishnani lodged a written complaint at Devendra Nagar Police Station, alleging that he and his wife were induced to invest in shares through an entity RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 named Global AI 9115 Intelligence Group Stock Market Competition and VIP AI Smart Discussion Group with the promise of high returns. Based on this assurance, he invested a total of Rs. 94,30,000/- which was transferred to multiple bank accounts. However, he later discovered that no shares had been purchased and that they had been defrauded. Subsequently, the investigation of the case was taken up by the present investigating agency. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant was not named in the FIR nor does he belongs as a member to the whatsapp group dealing with shares as alleged in the charge-sheet. He further submits that the applicant has no knowledge about the transaction and in his statement before the investigating ofÏcer has revealed that being a businessman, he handed over the account details with account related documents to one Pintu Singh and Biplab Ray who had returned him the documents relating to his account on the next day. He further submits that there is no direct evidence linking the applicant to the alleged offence, and the case is based on mere allegations or circumstantial evidence. He also submits that the present applicant has no previous criminal antecedent and he is in jail since 06.12.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the 3 charge-sheet has been filed in the present case. He further submits that the complainant and his wife were induced to invest in shares through an entity named Global AI 9115 Intelligence Group Stock Market Competition and VIP AI Smart Discussion Group with the promise of high returns. Based on this assurance, he invested a total of Rs. 94,30,000/- which was transferred to multiple bank accounts. However, he later discovered that no shares had been purchased and that they had been defrauded, therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 06.12.2024, the fact that the present applicant has been falsely named as an accused in the present offence solely based on a transaction in his account, he applicant has no knowledge about the transaction and in his statement before the investigating ofÏcer has revealed that being a businessman, he handed over the account details with account related documents to one Pintu Singh and Biplab Ray who had returned him the documents relating to his account on the next day and further the applicant has no criminal antecedent and charge-sheet has 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. 7. Let applicant, Abdur Rahman Molla, involved in Crime No. 322/2024, registered at Police Station : Devendra Nagar, Cyber 4 Range Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing 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. (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 5 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan