1 2025:CGHC:14373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2341 of 2025 Bharatbhai Dhirubhai Majethiya S/o Dhirubhai Majethiya Aged About 34 Years R/o Village Nanabhadra Police Station Jamkandorna District - Rajkot (Gujarat) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer Police Station Pipariya District - Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 100/2024, registered at Police Station Pipariya, District : Kabirdham (C.G) for the offence punishable under Sections 420 of IPC and Section 66(D) of Information Technology Act. 2. The case of the prosecution in brief is that the complainant Aishwarya Gupta lodged a written report before Police Station - KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Pipariya alleging therein that from 07.03.2024 at about 11.00 am morning to 08.03.2024 at about 9.30 pm night, she was cheated a sum of Rs. 19,57,000/- for deploy her in an online job. On the basis of report, an offence was registered and investigation was initiated. During course of investigation, it was found that from the account of the complainant some transactions were made to various account numbers on 07th and 8th March, 2024, then the transaction of aforesaid cheques were tried to stop by police and for the aforesaid reason an application was sent to Nodal OfÏcer of the bank and the entire information of whatsapp chatting of the complainant was received by police from the Google LLC, it is found that the account holders having different phone numbers were received the amount sent by the complainant and on the basis of aforesaid information collected by the police, the present applicant was arrested, articles were seized, statement of the prosecution witnesses were recorded and after completion of entire investigation, charge-sheet has been filed before the learned Chief Judicial Magistrate, Kawardha, District Kabridham (C.G.) where the Criminal Case No. 382/2025 is pending for trial. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that the police has been informed by the complainant that she was cheated by one mobile holder but the alleged mobile phone is neither recorded in the name of the present applicant nor he is user of that mobile number, thus it is clear that the present applicant is not involved in crime in question but the 3 police has falsely implicated him in crime in question to save the actual culprit. He further submits that even if the entire case was taken on its face value, then it reveals that the complainant who is a well educated lady having job in IT department deposited some amount on various account numbers, therefore, it is not a case of cheating to a lady but some amount has been deposited on 7th and 8th March, 2024 and without waiting for some time just within a period of few days, a written report was lodged on 15.03.2024, therefore, no offence would be made out against any person. The present applicant’s account that only a sum of Rs. 1,30,000/- has been transferred but the aforesaid account number is not connected with mobile number of the present applicant, thus it is clear that the aforesaid account number of the present applicant has been hacked by some other person and transaction is informed to his mobile number, thus it is clear that present applicant has not been informed regarding any transaction of depositing a sum of Rs. 1,30,000/- in his account. He also submits that the police has received the CAF of registered mobile number of the account but the same has not been attached with the charge-sheet which clearly shows that the police has fraudulently save the actual culprit and the present applicant has been falsely implicated by them in crime in question. He further submits that the police failed to collect materials against the present applicant to show his involvement in crime in question, neither his memorandum was recorded nor any articles related to crime in question, has been seized from the present applicant, therefore, the present applicant deserves to be 4 enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that from perusal of the case diary, it appears that the complainant was cheated of approximately ₹19,57,000/- through a fake online job offer via WhatsApp (mobile number 6382460398). The investigation revealed that the complainant transferred ₹19,57,000/- to various bank accounts linked to different mobile numbers. Specifically, ₹1,30,000/- was deposited in the applicant’s account number 257778882525. However, the account holder i.e. present applicant, denied maintaining this account and no documents were provided in this regard and other accused individuals are absconding and the crime appears to be part of a conspiracy. The police seized the SIM card registered with the accused's account number and the complainant suffered a total loss of ₹19,57,000/-. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the case diary, it transpires that the complainant was cheated of approximately ₹19,57,000/- on the pretext of providing job via WhatsApp (mobile number 6382460398). The investigation revealed that the complainant transferred ₹19,57,000/- to various bank accounts linked to different mobile numbers. Specifically, ₹1,30,000/- was deposited in the applicant’s account number 257778882525. However, the account holder i.e. present 5 applicant, denied maintaining this account and no documents were provided in this regard and other accused individuals are absconding and the crime appears to be part of a conspiracy and the police seized the SIM card registered with the accused's account number, as it is a very serious crime which is rising day by day and this Court cannot ignore and encourage the same hence, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of applicant – Bharatbhai Dhirubhai Majethiya, involved in Crime No. 100/2024, registered at Police Station Pipariya, District : Kabirdham (C.G) for the offence punishable under Sections 420 of IPC and Section 66(D) of Information Technology Act, is rejected at this stage. 8. However, it will be opened for the prosecuting agency to initiate prosecution against the complainant of the present case who claims to have been cheated by the applicant herein as the conduct of the complainant amounts for getting employed through illegal modes, cannot be encouraged by this Court and has to be dealt strictly. 9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal