1 CGHC010308882026 2026:CGHC:38906 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7330 of 2026 Aman Paswan S/o Shri Ram Paswan Aged About 30 Years R/o Indira Aawas Pakhanjur, District Kanker (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kondagaon, District Kondagaon (C.G.) ... Non-Applicant For Applicant : Shri B.P. Singh, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.322/2025 registered at Police Station Kondagaon, District Kondagaon (C.G.) for the offence under Sections 317 (2), 317 (4), 317 (5), 318 (4), 111 (2), 111 (2)(b) & 3 (5) of the BNS and under KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.02 19:50:58 +0530 2 Section 66 D of the IT Act. 2. The prosecution case, in brief, is that on the basis of information received at Police Station Kondagaon from the Office of Superintendent of Police Cyber Cell on 04/04/2025 the Police Station Kondagaon initiated an enquiry into a Cyber Financial Fraud reported on the National Cyber Crime Reporting Portal, During the enquiry, it was found that the Central Bank of India Account No 5660383552, belonging to Lokeshwar Hirwani had allegedly been used for routine proceeds of Crime and an amount of Rs 72,09,424/- had been transacted through the said account during the period from 01/01/2024 to 08/03/2025. The Account holder allegedly disclosed that the applicant the co-accused had obtained his passbook, cheque book and internet banking credentials and and had fradulenty operated the account for receiving and transferring the proceeds of cyber fraud, on the basis of that information the applicant was implicated in this crime and was made an accused in the present crime and the charge sheet was filed before the Competent court. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The applicant was in Judicial custody in Crime no 305/2025 and he was granted bail by the trial court and 307/2025 registered at Police Station Kanker from 14/10/2025 and he remained in Jail from 14/10/2025 to 19/06/2026 and after he got arrested in both 3 the crimes and after that the applicant was implicated in the present crime on 19/12/2025 on the basis of memorandum statement of co-accused. The applicant was not named in the FIR and during investigation the applicant was implicated in this crime and there is no seizure from the applicant in the present crime. The seizure of other crime which was registered against the applicant was used in this crime and there is absolutely no evidence to connect the applicant in this present crime except Memorandum Statement of the other co- accused and the seizure made in other crime and in the applicant's account no fraudulent transaction has been made relating to this crime. The applicant has 2 criminal antecedents registered against him, out of which in one case he has already been acquitted and in other case he is on bail. The applicant is in jail since 19.12.2025. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that in compliance of the order passed by this Court on 11.8.2026, the concerned I.O. has filed his personal affidavit and paras - 7 to 10 of the said affidavit read thus:- “7.That, during investigation, it was found that, the accused Lokeshwar Hirwani and Kameshwar Nag, bank account number 5660383552 of Central Bank of India, Branch at Kondagaon, made transactions of a total amount of Rs. 72,09,424/- and obtained the money through cyber fraud, knowing that, this property was obtained by dishonestly using some fraudulent means and 41 online cyber fraud complaints have 4 been received from the different cities of the country against the aforesaid bank account. 8. That, on the basis of the written report, received from the Nodal Officer, Cyber Cell, Kondagaon, a crime has been registered and the matter was taken into investigation. During the investigation proceedings, the accused persons/aforesaid bank account holders Lokeshwar Hirwani and Kameshwar Nag were summoned by serving them notices and on questioning, they confessed that, it was told that, the said account was opened by the accused Ravikant Sahu and Chandra Shekhar Nayak residents of Village Sarona, District Kanker in the name of giving them work. After that, an account was opened for both of them in Central Bank of India, Kondagaon joint account in the name of Nag Kirana Dukan Dahikonga. After opening the said bank account, they asked them to give them its passbook, internet banking password and cheque books, then they gave complete access of the bank account to the accused Ravikant Sahu and Chandra Shekhar Nayak in the name of friendship. 9. That, during investigation, thereafter, the aforesaid accused Ravikant Sahu and Chandra Shekhar Nayak were traced out and interrogated wherein, they have categorically deposed in their memorandum statements infront of the relevant witnesses that, the present accused applicant Aman Paswan who works in the Post Office in the Village, used to ask them to open the bank accounts and used to lure them with money, so after getting convinced by his words, the accused persons agreed to open the aforesaid bank accounts and gave it to him. The accused Ravikant Sahu told Lokeshwar Hirwani of the same Village that, he will give him work, get your bank account opened and you would get bigger work if there are two joint accounts. Then he got convinced by his words and opened a joint account with his friend Kameshwar Nag and gave it to the accused and the accused Ravikant Sahu told the present accused applicant Aman Paswan about that account, then the present accused applicant Aman Paswan sent it to Gaurav Raut 5 resident of Cuttack which he used. The accused Chandra Shekhar Nayak living in Sargipal para of Kondagaon, started doing the same work with Paramesh Markam resident of Randhana. He told that, he had passbooks and ATM cards of some people which were recorded in the memorandum statement infront of the witnesses and recovered on their indication and as per the seizure memo, seizure proceedings have been initiated. 10. That, thereafter, on the basis of the memorandum statement of the accused Ravikant Sahu, the present accused applicant Aman Paswan was traced and during investigation, it was found that, the present accused applicant is found to be already detained in District Jail Kanker in connection with Crime No. 305/2025 and 307/2025 for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 318 (4), 111 (2) (b) and 111 (2) of the BNS, 2023, therefore, a formal arrest of the present accused applicant Aman Paswan has been made on 19.12.2025 in the present case.” and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant has 2 criminal antecedents registered against him, out of which in one case he has already been acquitted and in other case he is on bail, which is mentioned in the bail application, the applicant is in jail since 19.12.2025, further considering the contents of the affidavit filed by the concerned I.O. and conclusion of trial is likely to take some time, 6 this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 7. Accordingly, the Application is allowed. 7. Let the Applicant – Aman Paswan, involved in Crime No.322/2025 registered at Police Station Kondagaon, District Kondagaon (C.G.) for the offence under Sections 317 (2), 317 (4), 317 (5), 318 (4), 111 (2), 111 (2)(b) & 3 (5) of the BNS and under Section 66 D of the IT Act, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 applicants are 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 7 against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve