Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 16797 (CHH)

PREM JAISWAL v. STATE OF CHHATTISGARH

MCRC/9908/2025 · 2026-01-29

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:5375 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9908 of 2025 Prem Jaiswal S/o Satyendra Jaiswal Aged About 23 Years R/o Village Satpata Police Station Vishrampur District Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Surajpur, District- Surajpur (C.G.) ... Respondent For Applicant : Ms. Prachi Diwan, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2026 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.507/2025 registered at Police Station Surajpur District Surajpur (C.G.) for the offence punishable under Sections 420, 34 of I.P.C. and Section 66(D) of the I.T. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.31 19:10:42 +0530 2 2. Case of the prosecution, in brief, is that one enquiry was conducted by the joint cyber crime coordination system for the purpose forge no which is running in various banks and after enquiry a list has been prepared and they enquired Acknowledgement no. 21603240011222 in which they found on Account No. 923010068706440 was opened by the Pranit Goldar and same has been given to the applicant for operating, when they investigated to applicant he said he provided that account to the someone who resided in Jharkhand after crime was registered against the applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. She would submit that the applicant has not committed any crime and his mobile number never used in this aforementioned crime. She would submit that the applicant has been arrested on the basis of memorandum statement of the co-accused and there is no any material which shows applicant was involved in this case and no amount has been recovered from the present applicant. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 13/10/2025 and conclusion of trial will take some time, therefore, she 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. She would submit that the applicant is alleged to have knowingly received a mule bank account from co-accused Pronit Goldar and further handed it over to cyber fraudsters on a rental basis and the said account was used for large-scale cyber fraud, including 3 cheating the complainant of Rs. 57,000/-, therefore the applicant is not entitled to be released on 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 of allegation levelled against the applicant, period of detention of the applicant since 13/10/2025, 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, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Prem Jaiswal, involved in Crime No.507/2025 registered at Police Station Surajpur District Surajpur (C.G.) for the offence punishable under Sections 420, 34 of I.P.C. and Section 66(D) of the I.T. Act, 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 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 4 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 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