1 2026:CGHC:6646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10061 of 2025 Lakhan Jatav S/o Deepchand Jatav Aged About 36 Years R/o 250/3, Goutam Marg, Nayapura, Police Station Jeevajee Ganj, District Ujjain (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station City Kotwali Dhamtari, District Dhamtari C.G. ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. For complainant : Shri Kunal Das, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 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.476/2024 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.06 17:53:25 +0530 2 City Kotwali Dhamtari, District Dhamtari (C.G.) for the offence punishable under Section 318(4) of Bhartiya Nayaya Sanhita and Section 66 (D) of Information Technology Act. 2. Case of the prosecution, in brief, is that the FIR was lodged by the complainant alleging inter-alia that some unknown persons committed the online fraud with him as on 28-11-2024, he received a communication from the telegram I.D. @ Disha 081 and he has been advised to work online and link was shared via telegram and thereafter the complainant prepared the ID and transfer the amount in the account of State Bank of India and thereafter he prepared the amount and he received the commission of Rs. 15,510/- and number of occasion he invested the amount and received the commission of Rs.12,851/ and on different-different dates, the complainant invested the amount and thus the complainant was cheated with the amount of Rs. 19,45,458/-. That, on the basis of FIR lodged by the complainant, the police registered the crime and investigated the matter and during the course of investigation, it was found that certain amount was transferred in the account of applicant and thereafter the applicant has been arrested for the commission of alleged offences. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He would submit that even if the prosecution case is taken at its highest, the applicant himself is a victim of deception by one 3 Rakesh Poddar, who induced the applicant to open a bank account on the pretext of providing lawful work and paid him Rs.20,000/-. The applicant had no knowledge or intention that the said account would be misused for any alleged online fraud. He would submit that the applicant is a layman, working as a Swiggy delivery boy, and was unaware of the legal consequences of sharing bank account details, the account was admittedly operated and misused by Rakesh Poddar. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 17/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents in the State of MP. 5. Learned counsel for the complainant also opposes the prayer for grant of 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 of allegation levelled against the applicant, period of detention of the applicant since 17/08/2025, charge sheet has been filed, applicant has no criminal antecedents in the State of MP and also considering the fact that trial is likely to take some 4 time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Lakhan Jatav, involved in Crime No.476/2024 registered at Police Station City Kotwali Dhamtari, District Dhamtari (C.G.) for the offence punishable under Section 318(4) of Bhartiya Nayaya Sanhita and Section 66 (D) of Information Technology Act, 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. (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 sufficient 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri