1 2026:CGHC:20457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4043 of 2026 Abhishek Dahiya S/o Jagannath Dahiya Aged About 23 Years R/o Subhash Nagar, Housing Board Colony, Mahrajpur, P.S. Adhartal, District Jabalpur M.P. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Parpodi, District Bemetara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pushp Kumar Gupta, Advocate. For Respondent(s) : Ms. Vaishali Mahilang, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 08/2025 registered at Police Station Parpodi, District 2 Bemetara (C.G.) for the offence punishable under Sections 318(4), 111 of BNS and Section 66D of Information & Technology Act. 2. Case of the prosecution, in brief, is the present applicant along with co-accused persons allegedly committed an online fraud with the complainant. It is alleged that the accused persons contacted the complainant through WhatsApp, impersonating police officials, and falsely informed her that an illegal article had been deported in her name and that an FIR had been registered against her at Police Station Khamtarai. To make the story appear genuine, they also showed her a video clip of a police station and induced fear in her mind. It is further alleged that the accused persons demanded money from the complainant on the pretext of quashing the said FIR, and under such fear, the complainant transferred a total amount of Rs. 9,11,999/- through UPI transactions to different accounts. Thereafter, the complainant lodged a report at the concerned police station, upon which the police registered an FIR in Crime No. 08/2025 and arrested the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 16.07.2025 in MCRC No.4530 of 2025, thereafter, the applicant preferred present second bail application on the ground that out of six criminal antecedents, in two cases, applicant has 3 already been acquitted of the charges, in two case, the matter has been compromised between the parties, further charge-sheet has already been filed in the present case and the applicant is in jail since 09.02.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant, along with co-accused persons, is alleged to have impersonated police officials and contacted the complainant through WhatsApp, falsely informing her about registration of an FIR in her name and thereby inducing fear, pursuant to which they dishonestly obtained a sum of Rs. 9,11,999/- from her through multiple UPI transactions, further the applicant has six criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 16.07.2025 in MCRC No. 4530 of 2025 on the ground that the applicant has six criminal antecedents under the IPC in the State of Madhya Pradesh, but considering the fact that out of the said six criminal antecedent, in two cases, applicant has already been acquitted of 4 the charges and in two case, the matter has been compromised between the parties, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Abhishek Dahiya, involved in Crime No. 08/2025 registered at Police Station Parpodi, District Bemetara (C.G.) for the offence punishable under Sections 318(4), 111 of BNS and Section 66D of Information & Technology 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 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 5 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. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Akhil