Nafr High Court
Case Details
1 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.29 20:12:06 +0530 2025:CGHC:22455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4137 of 2025 Shivshankar Yadav S/o Laxman Yadav Aged About 23 Years R/o Nayapara, Kirti Nagar, Daihanpara, Sirgitti, (As Per Final Report Age About 19 Year R/o Tarbahar, Dipupara, Near Gagan Apartment, P.S. Tarbahar) District Bilaspur (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through Police Station Cyber Police Station, Renge Bilaspur, District Bilaspur (C.G.) --- Respondent(s) For Applicant(s)
Legal Reasoning
: Mr. Raj Singhalay, Advocate on behalf of Mr. Anway Tiwari, Advocate For Respondent(s) : Mr. R.S. Marhas, Add. A.G. MCRC No. 4148 of 2025 Dipesh Kumar Nirmalkar S/o Rajaram Nirmalkar Aged About 24 Years R/o Near Tarbahar, Nagina Maszid, Police Station - Tarbahar, Distt. Bilaspur Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Cyber Range, Bilaspur, Distt. Bilaspur Chhattisgarh --- Respondent(s) 2 For Applicant(s) : Mr. Ravish Verma, Advocate For Respondent(s) : Mr. R.S. Marhas, Add. A.G. MCRC No. 4182 of 2025 Naresh Kumar Kevat S/o. Channu Kevat Aged About 22 Years Occupation - Rajmistry (Mason), R/o. Ward No. 1, Avas Para, Sendari, Police Station - Koni, Bilaspur, District - Bilaspur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Sho, P.S. Cyber Range Bilaspur, District - Bilaspur (C.G.) --- Respondent(s) For Applicant(s) : Mr. Shrikant Kaushik, Advocate For Respondent(s) : Mr. R.S. Marhas, Add. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.05.2025 1. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 8/2025 registered at Police Station Cyber Range, Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4) and 323 of the BNS. 2. Case of the prosecution, in brief, is that on the information received from the samanvay portal operated by Government of India, 3 number of banks and Police Head Quarters, it was found that the users and account holders of UCO Bank, ICICI Bank, Kotak Mahindra Bank, SBI, Bandhan Bank, Bank of Baroda, Indian Bank and other banks through conspiracy, stole money from the accounts holders, without their consent by luring them. These mule accounts were used to harm the victims and undue advantage has been taken of the defrauded money. A total sum of Rs. 97,87,492/- was deposited fraudulently. The account holder knowingly committed fraud by handling their accounts and also helped in hiding and transferring the defrauded money. Based on the above information, the police registered the FIR, and pursuant to the memorandum statement, arrested the present applicant and subsequently filed the charge-sheet before the competent court of law. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. They further submit that there is nothing on record which shows that the applicants have performed any role in the commission of the aforesaid offence and to show that the present applicants have performed any act of cheating or fraud. Even essential ingredient of Sections 61, 317(5), 318(4), 111(3)(4), and 323 are missing or there is nothing material on record which shows that the applicants have performed criminal act. Also, other three co-accused, namely; Pratham Soni and Kunal Mandavi and Rakesh Bhedpal have already been granted regular bail by this Court vide order dated 08.05.2025 and the order dated 13.05.2025 and the order dated 4 20.05.2025 passed in MCRC No.2118 of 2025 and in MCRC No.3744 of 2025 and MCRC No. 3966/2025 respectively, and the case of the present applicants is identical to that of the co-accused persons, as such, they pray for grant of regular bail to the present applicants on the ground of parity. So far as criminal antecedent of the applicants are concenred, as mentioned in para 4A of the bail applications, the applicants have no previous criminal antecedents. Lastly, applicant- Shivshankar Yadav is languishing in jail since 25.02.2025, applicant- Naresh Kumar Kevat is languishing in jail since 11.04.2024 and applicant Dipesh Kumar Nirmalkar is languishing in jail since 25.02.2025, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence they pray for grant of bail to the applicants on the ground of parity. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the other other three co-accused, namely; Pratham Soni and Kunal Mandavi and Rakesh Bhedpal have already been granted regular bail by this Court vide order dated 08.05.2025 and the order dated 13.05.2025 and the order dated 20.05.2025 passed in MCRC No.2118 of 2025 and in MCRC No.3744 of 2025 and MCRC No. 3966/2025 respectively, and the case of the present 5 applicants is identical to that of the co-accused persons who have been granted bail, further the applicants have no criminal antecedent and charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Shivshankar Yadav, Dipesh Kumar Nirmalkar, Naresh Kumar Kevat, involved in Crime No. 8/2025 registered at Police Station Cyber Range, Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4) and 323 of the BNS, be released on bail on their furnishing personal bond with two sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- ((i) The applicants 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 applicants 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 applicants 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 6 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 applicants 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. - Ravi Mandavi Sd/- (Ramesh Sinha) Chief Justice