1 2026:CGHC:6640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10457 of 2025 Vishal Yadav S/o Shyamvir Yadav, Aged About 23 Years R/o- Village- Navipur Mera, P.S.- Barnal Mainpuri, Uttar Pradesh (U.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Cyber P.S.- Ambikapur, District Sarguja (C.G.) ... Respondent For Applicant : Shri Nikhil Mehta, Advocate. For Respondent/State : Dr. Saurabh Kumar Pande, Dy. Advocate General. 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.03/2025 registered at Police Station Cyber P.S.- Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 318 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.06 17:53:25 +0530 2 (4), 3 (5) of B.N.S and Section 66 (d) I.T. Act. 2. Case of the prosecution, in brief, is that the complainant Ravi Mohan Goswami has lodged a written complaint before the Police Station Ambikapur, District Surguja to the effect that, the unknown persons (accused persons) through the mobile numbers 8577064555, 8424855648, 8395943211 and 9991991448 have allured the complainant of getting more money by investing in the share market and the accused persons have got installed their Mobile Applications namely Money Trade 365 and Skytrade from Play-Store and in the QR Code given by the accused persons, the complainant has deposited total Rs. 21,15,000/- in 84 installments and have defrauded the aforesaid amount from the complainant/victim, wherein Rs. 1.92 Lacs from SBI Account Number 32829474155, Rs. 1.05 Lacs from SBI Account Number 34506960656, Rs. 20,000/- from SBI Account Number 41209990733, Rs. 51,000/- from SBI Account Number 20326716390, Rs. 1,27,500/- from SBI Account Number 42610048970, Rs. 1.01 Lacs from SBI Account Number 33998537079, Rs. 1 Lac from SBI Account Number 32222472022, Rs. 1.05 Lacs from Bank of Baroda Account Number 86680100021152, Rs. 2,06,500/- from Gramin Bank Account Number 77030963395, total Rs. 21,11,500/- has been defrauded by the accused persons from the aforesaid bank accounts of the victims. On that basis, the aforesaid FIR was registered and the matter was taken into investigation. 3. Learned counsel for the applicant submits that after lodging the complaint on 03.03.2025, the complainant voluntarily continued to transfer money on multiple subsequent dates, which is wholly 3 inconsistent with any allegation of deception or dishonest inducement. He would submit that the applicant was never supplied written grounds of arrest, in violation of statutory and constitutional requirements and such non-compliance vitiates the arrest and continued custody. He would submit that the FIR alleges cheating of Rs.20,00,000/-, whereas the complainant’s own bank records show transfers of Rs.21,00,000/- by him alone. The remaining alleged transactions are from third-party accounts whose holders are neither complainants nor witnesses, rendering the prosecution case inherently doubtful. He would submit that no part of the alleged amount was credited to the applicant’s account and there is no financial nexus, receipt, benefit, or linkage between the applicant and the alleged proceeds, transactions pertain exclusively to third-party accounts. He would submit that the applicant is sought to be implicated solely on the basis of a co-accused’s disclosure statement. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 02/11/2025 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 he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. He would submit that in compliance of the Court’s order dated 14/01/2026 concerned Superintendent of Police has filed his personal affidavit. 4 5. I have heard learned counsel appearing for the parties and perused materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, period of detention of the applicant since 02/11/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Vishal Yadav, involved in Crime No.03/2025 registered at Police Station Cyber P.S.- Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 318 (4), 3 (5) of B.N.S and Section 66 (d) I.T. 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 5 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. 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