1 2026:CGHC:18676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3701 of 2026 • Hemant Chandra S/o Ramdayal Chandra Aged About 19 Years R/o Ward No. 05, Kusumjhar, P.S. Dabhara, Dist. Sakti, Chhattisgarh ... Applicant(s) versus • State Of Chhattisgarh Through- The Station House In-Charge, Police Station- Sakri, District- Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Aditya Tiwari, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 1. This is a second bail application filed by the applicant 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. 936/2024, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(5), 111(4), 323 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(d) of Information Technology Act, 2000. 2. The earlier bail application of the applicant being MCRC No. 5152 of 2025 was rejected on merits by this Court vide order dated VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 25.07.2025 3. The case of the prosecution, is that on 22.01.2025 complainant Jonson Ekka lodged a report stating that on 07.12.2024 a phone call was received in his mobile from the number 9424329554 from a unknown person who himself as a bank officer and asked the complainant for KYC update and obtained OTP from the complainant and an amount of Rs.26,74,701 has been transferred from complainant account in fraudulent manner, thereafter FIR has been registered against the applicant, hence, this bail application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. He further submits that only six witnesses have been examined before the concerned trial court, and they have denied the allegations levelled against the present applicant, as reflected in paragraph 13 of the statement recorded by Mrs. Sunanda Tiwari. He also submits that trial is likely to take quite long time for its conclusion. It is further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 28.05.2025 and, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, further only six witnesses have been examined before the concerned trial court, and they have denied the allegations levelled against the present applicant, as reflected in paragraph 13 of the statement recorded by Mrs. Sunanda Tiwari, charge-sheet has been filed against the applicant, the applicant is in jail since 28.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Hemant Chandra, involved in Crime No.936/2024, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(5), 111(4), 323 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(d) of Information Technology Act, 2000, 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 4 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. 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 Vaishali