Nafr High Court
Case Details
1 2025:CGHC:19739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1856 of 2025 Shivratan Binjhwar S/o Akti Das Binjhwar Aged About 41 Years R/o Village Kuchena, Dadarpara, Police Station Kusmunda, Korba, Tehsil Dipka, District Korba Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Civil Line Rampur, District – Korba, Chhattisgarh. Along with MCRC No. 1912 of 2025 Akash Das S/o Sahajan Das Aged About 28 Years R/o Primary School, Sahilabhantha, Tahsil Katghora, District Korba, Chhattisgarh. --- Non-applicant ---Applicant Versus State Of Chhattisgarh Through Civil Line Rampur, District Korba, Chhattisgarh. --- Non-applicant Along with MCRC No. 2144 of 2025 Amit Bareth S/o Ramesh Kumar Bareth Aged About 19 Years R/o Block 15 Korba, Chowki C.S.E.B. District- Korba (C.G.) ---Applicant Versus State Of Chhattisgarh Through Civil Line Police Station Rampur, District- Korba (C.G.) --- Non-applicant Along with MCRC No. 2446 of 2025 Mohammad Sarfaraj Mansuri S/o Mohammad Alim Aged About 19 Years R/o Shiv Nagar Rumgara, Balco, Korba, Tahsil And District Korba Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Civil Line Rampur, District – Korba, Chhattisgarh. Along with MCRC No. 2544 of 2025 Sachin Kumar S/o Baliram Aged About 21 Years R/o Jamnipali, Mohan Talkies Ke Pass, Thana Darri, District Korba (C.G.) --- Non-applicant ---Applicant 2 Versus State Of Chhattisgarh Through Civil Line Rampur, District – Korba, Chhattisgarh. --- Non-applicant Along with MCRC No. 2721 of 2025 Lakhan Chouhan S/o Ramjatan Chouhan Aged About 25 Years R/o Indira Nagar, Jamnipali, Thana Darri, Korba, District Korba, Chhattisgarh. Versus State Of Chhattisgarh Through Civil Line Rampur, District – Korba, Chhattisgarh. ---- Non-applicant ---Applicant For Applicants : For Non-applicant/State :
Legal Reasoning
Mr. Basant Kaiwartya, Advocate, Mr. Vikas Kumar Pandey, Advocate, Ms. Preeti Yadav, Advocate, and Mr. Anil Kumar Gulati, Advocate. Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice 30.04.2025 Order on Board 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 67/2025, registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the offence punishable under Sections 318(4), 61(2)(A) and 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that a letter was received by the Cyber Cell Korba at the Police Station Civil Line Rampur for taking action, in which it was written that from the coordination portal operated by the Ministry of Home Affairs, Government of India a list having the accounts of various people on perusal of which it was found that the holders of the accounts have received the amount related to cyber frauds from different 3 states. The list of the said original account holder is in Indusind Bank, Bank of Maharashtra, SBI Bank, PNB Bank, Punjab and Sindh Bank, AU Bank, C.G. Gramin Bank, BOB Bank, in which money has been exchanged illegally, a total amount of Rs. 8,88,850/- has been withdrawn from 26 account holders in 08 Banks in different parts of the country which ws acquired from many people from different states, the amount of online fraud has been received in those accounts, on the above basis, a crime was registered against the applicants before the Police Station concerned, and the applicants were arrested by the Police. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case and the co-accused has been granted anticipatory bail by this Court vide order dated 04.03.2025 passed in MCRCA No. 305/2025. The applicants are in jail since 06.02.2025, 06.02.2025, 06.02.2025, 06.01.2025, 06.02.2025, 06.02.2025, respectively, 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 that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that a letter was received by the Cyber Cell Korba at the Police Station Civil Line Rampur for taking action, in which it was written that from the coordination portal operated by the Ministry of Home Affairs, Government of India a list having the accounts of 4 various people on perusal of which it was found that the holders of the accounts have received the amount related to cyber frauds from different states. The list of the said original account holder is in Indusind Bank, Bank of Maharashtra, SBI Bank, PNB Bank, Punjab and Sindh Bank, AU Bank, C.G. Gramin Bank, BOB Bank, in which money has been exchanged illegally, a total amount of Rs. 8,88,850/- has been withdrawn from 26 account holders in 08 Banks in different parts of the country which ws acquired from many people from different states, the amount of online fraud has been received in those accounts, on the above basis, a crime was registered against the applicants before the Police Station concerned, 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 applicants and the fact that there is no any criminal antecedents registered against the present applicants, the charge-sheet has been filed in this case and the co-accused has been granted anticipatory bail by this Court vide order dated 04.03.2025 passed in MCRCA No. 305/2025, the applicants are in jail since 06.02.2025, 06.02.2025, 06.02.2025, 06.01.2025, 06.02.2025 and 06.02.2025, respectively, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Shivratan Binjhwar, Akash Das, Amit Bareth, Mohammad Sarfaraj Mansuri, Sachin Kumar and Lakhan Chouhan, involved in Crime No. 67/2025, registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the offence punishable under Sections 318(4), 61(2)(A) and 111 of the BNS, be released on 5 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 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. (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. 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 Rajshekhar