1 2026:CGHC:6641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10335 of 2025 Rohan Kandera S/o Dharampal Kandera Aged About 26 Years R/o- C- 15, J.J. Colony, Madipur, P.S. Panjabibag, Delhi ... Applicant versus State Of Chhattisgarh Through Cyber Range Police Station Ambikapur, District - Surguja Chhattisgarh ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Anmol Varma, 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 Range Police Station Ambikapur, District- Surguja Chhattisgarh for the offence punishable GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.06 16:08:56 +0530 2 under Sections 318 (4), 3(5) of Bhartiya Nyaya Sanhita, 2023 and section 66 (D) of the Information Technology Act, 2000. 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 the applicant is innocent and has been falsely implicated without any prima facie 3 evidence. He voluntarily returned from Dubai pursuant to notice under Section 35(3) BNSS and fully cooperated with the investigation. He would submit that the applicant was merely a worker acting under the directions of a co-accused, had no decision-making role, never induced any person, never handled alleged mobile numbers or accounts, and derived no benefit. No proceeds of crime have been recovered from him. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 24.10.2025 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 15/12/2025 concerned Investigating Officer has filed his personal affidavit. 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 24.10.2025, 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. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rohan Kandera, involved in Crime No.03/2025 registered at Police Station Cyber Range Police Station Ambikapur, District- Surguja Chhattisgarh for the offence punishable under Sections 318 (4), 3(5) of Bhartiya Nyaya Sanhita, 2023 and section 66 (D) of the Information Technology Act, 2000, 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 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 5 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