1 2025:CGHC:7738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1248 of 2025 Tarun @ Raunak Nachrani S/o Shri Rajesh Nachrani Aged About 24 Years R/o H.No. 27, Anand Nagar, Near Shiv Mandir, P.S. Telibandha, Raipur, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Cyber Range Police Station, Raipur, District Raipur Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Kashif Shakeel, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/02/2025 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. 12/2024 registered at Police Station Cyber Range Police Station, Raipur, District Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant Nikita AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Pawar lodged a complaint at Police Station Cyber Range Police Station, Raipur, District Raipur (C.G.) alleging therein that between 03.08.2024 to 06.08.2024, she had been advised and cheated in the name of Cryptocurrency by various individuals of Rs.21,03,000/- through various bank accounts and social media links and upon investigation the Police filed charge-sheet, the allegation against the applicant that he bought a bank account from co-accused Deepak Tilwani for Rs.25,000/- and sold his bank account to Tushar Makhija for Rs.30,000/-. Hence the bail application. 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 on the identical situated co- accused person, namely, Mahesh Jaish has already been granted regular bail by this Court vide order dated 05.02.2025 in MCRC No.141 of 2025, copy of which is annexed as Annexure A/3. The applicant is in jail since 05.09.2023, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant alongwith other co- accused persons had cheated the applicant and other individuals of Rs. 21,03,000/- through various bank accounts and social media 3 links in the name of Cryptocurrency, therefore, he 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 01.12.2024, the fact that though the applicant alongwith other other co-accused persons had cheated the applicant and other individuals of Rs. 21,03,000/- through various bank accounts and social media links in the name of Cryptocurrency, but one of the co-accused person, namely, Mahesh Jaish has already been granted regular bail by this Court vide order dated 05.02.2025 in MCRC No.141 of 2025 and the case of present applicant is identical to that of the co-accused, 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. 7. Let the Applicant-Tarun @ Raunak Nachrani, involved in Crime No. 12/2024 registered at Police Station Cyber Range Police Station, Raipur, District Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, 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 4 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. 8. 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