1 2026:CGHC:353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9470 of 2025 G Raj Shekhar S/o G Jiva Aged About 35 Years R/o Shivji Nagar, New Khursipar, P S Khursipar, District Durg (C.G.) --- Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Cyber Police Thana, Range Durg, District – Durg (C.G.) --- Non-applicant Along with MCRC No. 9499 of 2025 Imtiaz Alam @ Chand S/o Sarfaraz Khan Aged About 21 Years R/o K.L.C. 53/ D, Zone - 2, Near Kali Mandir, Khursipar, Bhilai, District - Durg, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through - Police Station - Cyber Thana Durg Range, District - Durg, Chhattisgarh ---- Non-applicant For Applicants : Mr. Aman Pandey and Mr. Anmol Sharma, Advocates. For Non-applicant/State : Mr. Dharmesh Shrivastava, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 05/2025, registered at Police Station – Cyber Police Thana, Range Durg, District – Durg (C.G.) for the offence punishable under Sections 419 and 420 of the IPC. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The case of the prosecution, is that co-accused Manisha Nishad used to generate SIM Cards by misusing the biometrics of the customers cand sold it to the applicant G Raj Shekhar who then sold it to the applicant Imtyaz. An FIR was registered under Section 419 and 420 of IPC and Section 42(3)(e) of Information and Technology Act, 2003 and the applicants being a person involved in business of trading mobile accessories, he was not aware of the fraud being committed by the co- accused persons. The aforesaid FIR was registered on the Complaint that on 19.08.2023 the Complainant filed an application for porting his Airtel SIM Card to JIO Network with a street guy near Nizami Chowk his biometrics was misused and another fresh JIO Sim was issued and sold on his name which does not belongs to him. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 07.10.2025 and 11.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the applicants, and the charge-sheet has been filed in this case. It is submitted that co-accused Manisha Nishad used to generate SIM Cards by misusing the biometrics of the customers cand sold it to the applicant G Raj Shekhar who then sold it to the applicant 3 Imtyaz. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is no criminal antecedents registered against the applicants, charge-sheet has been filed against the applicants, the applicants are in jail since 07.10.2025 and 11.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, G Raj Shekhar and Imtiaz Alam @ Chand, involved in Crime No. 05/2025, registered at Police Station – Cyber Police Thana, Range Durg, District – Durg (C.G.) for the offence punishable under Sections 419 and 420 of the IPC, 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 applicants 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 applicants 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 applicants 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 4 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar