Nafr High Court
Case Details
1 2025:CGHC:26513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2663 of 2025 1 - Vikas Chandrakar S/o Asharam Chandrakar Aged About 33 Years R/o 4/4a, Maitri Nagar, Risali, Bhilai, District Durg Chhattisgarh. ... Applicant 1 - State Of Chhattisgarh Through Station House Officer, Police Station Cyber Range Raipur, District Raipur Chhattisgarh. versus ... Respondent For Applicant For Respondent : :
Legal Reasoning
Mr. Navin Shukla, Advocate. Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice 20/06/2025 Order on Board 1. The applicant has preferred this second Bail Application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (henceforth, “BNSS”) for grant of regular bail, as he has been arrested in connection with Crime No. 8/2024, registered at Police Station Cyber Range, Raipur, District : Raipur (C.G.) for the offence punishable under Sections 420, 34 of IPC. His First Bail Application was dismissed on merits by this Court vide order dated 24.10.2024 passed in M.Cr.C. No. 7469 of 2 2024. 2. The case of the prosecution, in brief, is that Dr. Prakash Gupta, a Civil Surgeon at the District Hospital, Raipur, was retired from his service on 30.04.2023. Upon his retirement, Mr. Gupta took his retiral dues and some loan amount from his friends and family of Rs.74,49,900/- and invested the amount into share trading through whatsapp chat K.S. Min app. Thereafter, Mr. Gupta was asked by K.S. Min Whatsapp operator Amol Aathvie and Shweta Shetty to deposit an amount of Rs.15,00,000/- as commission and if the amount is not deposited, in that situation the entire amount would be donated. On getting suspicion, Mr. Gupta filed written complaint against K.S. Min App Whatsapp operator Amol Aathavle and Assistant Shweta Setty and during investigation, it was found that the complainant had got a current account opened in the name of Ashish Kumar Sahu and in lieu of that, had deposited the cheated amount in the name of share Trading in the said account and had got the account opened in name of Ashish Kumar Sahu. On receiving information that in lieu of the money amounting to Rs.3,14,000/- was given through phone-pay and both the accounts of Ashish Kumar Sahu were sold to the gang for a higher amount in the name of Share Trading, the applicant was arrested on 29.07.2024 and after completion of usual investigation, charge-sheet was presented in the concerned Court under Section 420 read with Section 34 of IPC. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case, as he has not committed any such crime. He submits that the applicant is a salaried person and works in a private company. There is no link on record 3 which establishes that applicant has received the money, which was deposited by the complainant. He further submits that the applicant is languishing in jail since 13.07.2024; he is ready to abide by all conditions and directions, which may be imposed while granting bail. He lastly submits that similarly situated co-accused person namely Ashish Sahu has already been enlarged on regular bail by this Court vide order dated 03.03.2025 and, therefore, the applicant may also be granted bail on the ground of parity. 4. Per contra, counsel for the State while opposing the bail application would submit that no criminal antecedent has been reported against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly, considering the pre-trial detention of the applicant, who is in jail since 13.07.2024, and the co- accused- Ashish Kumar Sahu has already been granted bail by this Court on 03.03.2025 on the ground of his incarceration in jail and as per State Counsel, no criminal antecedent has been reported against the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant Vikas Chandrakar involved in Crime No. 8/2024, registered at Police Station Cyber Range, Raipur, District : Raipur (C.G.) for the offence punishable under Sections 420, 34 of IPC., be released on bail on his furnishing a personal bond with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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 5 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.21 15:23:59 +0530