1 CGHC010300542026 2026:CGHC:38687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7311 of 2026 1 - Golu Rawat (Wrongly Mentioned As Golu Yadav In Order Dated 23- 07-2026) S/o Ram Avatar Aged About 20 Years R/o - Sidhpuraa, P. S. - Gashwani, Tehsil - Vijaypur District - Shyopur (M. P.) Applicant (s) versus 1 - State Of Chhattisgarh Through P. S. - City Kotwali District - Bilaspur (C.G.) Respondent(s) For Applicant (s) : Mr. Prateek Singh Thakur, Advocate For Respondent(s) : Mr. Soumya Rai, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.401/2026, registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Section 318 (4) of BNS. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that on 28/06/2026, the complainant’s friend asked her to make a Google Pay payment of Rs. 10,000 to her, then she tried to do the same but the money could not be debited from her account Then on 29/06/2026, she went to the South Indian branch, Old High Court, and obtained detailed information from the bank official. Then she came to know that on 12/06/2026, Rs. 89,600/- was transferred through UPI to the account holder No. 44744438383, whose mobile numbers are 8359858202 and 7828888499, in which a transaction of Rs. 89,600/- was made and the same was done without her knowledge. Then the complainant came to know that an unknown person has committed fraud by withdrawing Rs. 89,600/- from her South Indian Bank account no.0568053000003878 by a person named Golu Rawat with mobile no. 8359858202 and mobile no. 7828888499 and account no. 44744438383. After going home, the complainant checked the bank account which is a joint account in the name of the complainant and his mother-in-law Latifa Kamal resident Khaparganj Bilaspur, and it was came to the knowledge of the complainant that on 26/06/2026 from mobile no. 8000875667 UPI no. 654361071607, whose name is Ganesh Singh, withdrew Rs.98,000 from the said bank account and on 27/06/2026, the holder of Mobile No. 9911099056, UPI No. 654476205372, who name Shahrukh Malik, has also withdrew the amount from the said bank account in there bank account. On checking her bank 3 account, it was found that the complainant had been cheated by withdrawing money from her account without her permission or consent. The above report has been registered at City Kotwali Police Station, Bilaspur and the case is being investigated and the accused has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the applicant had traveled from Kolkata to his home in Sheopur (M.P.), where he was introduced to a person named Ram Dhakad by his friend Pawan Yadav. On SM 12/06/2026, Ram Dhakad told the applicant that " his sister money will come into your account. You can keep some of it and give the rest to me." He then asked for the applicant account details, which the applicant provided. Subsequently Rupees 89,600 arrived in the account and Ram Dhakad told him to keep Rupees 12,000 for himself. The applicant withdrew the remaining amount via check and gave it to Ram Dhakad. The applicant was tricked into using the account by Ram Dhakad, telling him that the family's sister money would come. The applicant was unaware of the fraudulent transactions in the account. He further submitted that the applicant is a young boy, aged about 20 years, and is in jail since 09.07.2026, he has no criminal antecedents, charge sheet has not yet been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the applicant has been found involved in embezzlement of money through cyber fraud, as such he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the applicant is a young boy, aged about 20 years, and is in jail since 09.07.2026, he has no criminal antecedents, charge sheet has not yet been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Golu Rawat, involved in Crime No.401/2026, registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Section 318 (4) of BNS, 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 5 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/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his/her 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/her, 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/her in accordance with law.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala