Gurpreet Singh S/o Chindar Singh Aged About 30 Years R/o Block No.- A, Street v. State of Chhattisgarh Through S.H.O. Police Station Cyber Cell, Range Raipur, District - Raipur
Case Details
1 2025:CGHC:6602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 324 of 2025 Gurpreet Singh S/o Chindar Singh Aged About 30 Years R/o Block No.- A, Street No.- 5, Gururamdas Nagar, Bhamenkhurd, District - Ludhiyana, Punjab. … Applicant versus State of Chhattisgarh Through S.H.O. Police Station Cyber Cell, Range Raipur, District - Raipur, Chhattisgarh. ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Shikhar Bakhtiyar, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.06 11:56:47 +0530 Hon'ble Shri Ramesh Sinha , Chief Justice 05.02.2025 Order on Board 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. 14/2024, registered at Police Station – Cyber Cell, Range Raipur, District - Raipur (C.G.) for the offence punishable under Sections – 318(4), 3(5), 238 and 111 of Bharatiya Nyaya Sanhita, 2023. (Earlier Sections 420, 34, 201 of the Indian Penal Code). 2. The case of the prosecution, is that complainant, namely, Rashmi on 2 21/08/2024 lodged a written report in the Cyber Police Station that in the month of May - June 2024 when she came at Raipur, Chhattisgarh for some ofÏcial tour she was cheated in the name of Online Share Trading and told that she saw an advertisement in Google in the name of Evidence Spark Trading Program and she contacted them and found mobile numbers 9454530317,8420719305,7058719964 and 9471825791 associated with a lady named Anjali Sharma and the said Assistant adder her in the Whatsapp group namely India Stock investment academy-002, and in that group she found a mentor namely Naresh Rathi with mobile numbers 9471204097, 9789563205 and 9470275994 and both Anjali Sharma and Naresh Rathi in the name of IPO Allocation took around Rs. 80,00,000/- from her in different bank accounts and upon asking for withdrawal they took more money in the name of Tax and after some days all the numbers were not reachable and the application was also removed from the play store and upon investigation it was found that the applicant's bank account no 9646823783 of Mahendra Bank and mobile number 8557007603 is connected in that account, and he was operating his bank account in the month of 28/05/2024 and on the date of incident i.e 08/07/2024 and 12/07/2024 a total of 14,20,000/-transaction has been made in the account of the applicant's Kotak Mahendra bank account from N.S Constructions UCO bank account no 19860210002520 and upon investigation the applicant has told that Sandeep Singh was using his bank account and the aforesaid crime has been committed. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the co-accused, namely, Bajrang Yadav has already been granted bail by this Court vide order dated 20.11.2024 passed in MCRC 3 No. 8005/2024. He further submitted that co-accused persons, namely, Pankaj Dubey, Devraj Kushwaha, Nikhil Shukla, and Hari Kishore Singh have already been granted bail by this Court vide order dated 08.01.2025 passed in MCRC Nos. 8473/2024, 8374/2024, 8479/2024 and 8811/2024. It is further submitted that the applicant has no previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 03.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. He further submitted that the applicant is said to have committed fraud with the complainant in the name of online share trading, therefore, he is not entitled for grant of bail. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused, namely, Bajrang Yadav has already been granted bail by this Court vide order dated 20.11.2024 passed in MCRC No. 8005/2024 and other co-accused persons, namely, Pankaj Dubey, Devraj Kushwaha, Nikhil Shukla, and Hari Kishore Singh have already been granted bail by this Court vide order dated 08.01.2025 passed in MCRC Nos. 8473/2024, 8374/2024, 8479/2024 and 8811/2024, further the applicant has no previous criminal antecedents, further the charge- sheet has been filed against the applicant, the applicant is in jail since 03.12.2024 and conclusion of the trial is likely to take some time, I am 4 inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Gurpreet Singh, involved in Crime No. 14/2024, registered at Police Station – Cyber Cell, Range Raipur, District - Raipur (C.G.) for the offence punishable under Sections – 318(4), 3(5), 238 and 111 of Bharatiya Nyaya Sanhita, 2023. (Earlier Sections 420, 34, 201 of the Indian Penal Code), 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 sufÏcient 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 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 sufÏcient 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. 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. OfÏce 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