1 CGHC010132812026 2026:CGHC:27730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3143 of 2026 Anuj M.S S/o Mohan Das Aged About 45 Years R/o Tirur P.S. Tirur District- Malapuram (Kerala) Kerala ... Applicant versus State of Chhattisgarh Through Station Head Officer Police Station Civil Line, District- Bilaspur, Chhattisgarh, ... Non-Applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 577/2025, registered at Police Station – Civil Line, District- Bilaspur (C.G.) for the offence punishable under Section 318(4) read with Section 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). 2. As per the prosecution case, in brief, the complainant, namely Swapnil Srivastava, lodged a report at Police Station Civil Lines on 23.05.2025, alleging that Anuj Memon (the present applicant) and his unknown associates were operating a fraudulent investment website called "Trade Genix" from Kolkata. It was alleged that the website induced investors to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.07 16:24:09 +0530 2 convert Indian Rupees into U.S. Dollars with the assurance that the invested amount would be returned within 50 days along with a daily return of 25%, and that the investment would double within 100 days. It was further alleged that the applicant had represented the investment system as being blockchain-based in order to attract more investors and induce them to invest. According to the prosecution, being influenced by the aforesaid representations, the complainant invested a sum of Rs.5,00,000/- in the said company about a month prior to the lodging of the report and transferred the amount through online banking to the bank account No. 7346218373 provided by the company, using the bank accounts of his acquaintance and other persons. It is further alleged that several other persons also invested money in the said website. However, after receiving the investment amounts, the accused persons allegedly stopped communicating with the investors and failed to return the invested money. It is further alleged that the said cyber fraud network cheated several citizens of Bilaspur, Raipur, Raigarh and neighbouring States and misappropriated an amount of approximately Rs.30,40,000/-. On the basis of the aforesaid allegations, the present FIR was registered against the applicant and other co-accused persons for the offences punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the money in question was transferred to the account of the company and not to the personal account of the applicant. He also submits that two co-accused are absconding and that the trial against them has already been separated, as is evident from the order-sheet. It is further submitted that the applicant has no previous criminal antecedents, 3 the charge-sheet has been filed, the applicant has been in judicial custody since 24.05.2025, and the trial is likely to take a considerable time to conclude. Therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submits that during the course of investigation, it was found that the accused/applicant has formed a criminal syndicate and operated within the framework of this criminal organization, which demonstrates his criminal tendencies, his connections to organized gangs and his tendency to commit crimes repeatedly and granting bail to such an accused could lead to recidivism and potentially impact the case. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the money in question was transferred to the account of the company and not to the personal account of the applicant, the fact that two co-accused are absconding and the trial against them has already been separated, as is evident from the order-sheet, the absence of any previous criminal antecedents on the part of the applicant, the fact that the charge-sheet has been filed, and that the applicant has been in judicial custody since 24.05.2025, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Anuj M.S, involved in Crime No. 577/2025, registered at Police Station – Civil Line, District- Bilaspur (C.G.) for the offence punishable under Section 318(4) read with Section 3(5) of Bharatiya Nyay Sanhita, 2023, 4 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 his 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 his, 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 5 court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. 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 Preeti