Order on Board

11.12.2024

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. 07/2024, registered at Police Station – Cyber Police Station, Range Raipur, District – Raipur (C.G.) for the offence punishable under Sections 318(4)

and 3(5) of the Bharatiya Nyaya Sanhita (BNS).

2. The case of the prosecution, is that on 16.07.2024 Pramod Kumar Bajaj filed a complaint before the Cyber Police station, Range, Raipur (C.G.) alleging that the Complainant was cheated out of Rs. 22,78,966/- by Motilal Oswal Strategy Group and IIFL, the Complainant has joined a WhatsApp group promising 10-20% daily profits and deposited money time to time, and when the complainant has failed to deposit more amount, then his account was frozen, the complainant has deposited Rs. 2,00,000/- in I.M.P.S. number 417118514-287 on 19.07.2024 and by July, 2024 his total amount became Rs. 42,00,000/- with Rs. 24,50,000/- profit, the complainant was asked to deposit Rs.231,00,000/- for allotted shares worth Rs. 273,00,000/-, but his account was frozen when he did not comply by depositing the aforesaid amount, another company IIFL's CEO Ankur Kedia convinced him to deposit Rs. 14,44,968/-, withdrawing Rs. 9,11,000/- and leaving Rs. 5,33,968/- in the company. On the above written report of the Complainant, Police Station Cyber Range Raipur has registered a case under section 318(4) and 3(5) of BNS. Hence, this application.

3. It is argued by the learned counsel for the applicant that the applicants is innocent and has 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. The applicants is in jail since 02.10.2024 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 that there is no criminal antecedents registered against the present applicants, and the charge-sheet has been filed in this case. It is further submitted that there are prima facie evidence in the case diary against the accused for cheating the complainant of Rs. 22,78,966/- in the name of share trading, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicants, the applicants are in jail since 02.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicants, Vasu Manik and Lupesh Sahu , involved in Crime No.

07/2024, registered at Police Station – Cyber Police Station, Range Raipur, District – Raipur (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the BNS, 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 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