1 2025:CGHC:21705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3639 of 2025 Sheikh Naveed S/o Shri Sheikh Salim Aged About 36 Years R/o Shahshah Nagar, Near Rashtrawadi Bhavan, District- Pune (M.H.) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Bhilai Nagar, District- Durg (C.G.) ... Non-Applicant For Applicant : Ms. Shivali Dubey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.05.2025 1. This is the first bail applications filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 469/2024 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 66 D of Information Technology Act. 2. Prosecution case in brief is that the complainant, namely, Indra prakash Kashyap made a complaint before the concerned Police Station stating therein that on 07.11.2024, he received a phone call whereby he was informed that some sim card has been activated by using his Adhar Card and by that sim card some obscene messages have been sent to 29 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.12 11:18:05 +0530 2 different persons for which complaints have been made to Cyber Crime Branch Mumbai and thereafter the call was transferred to Cyber Cell Mumbai and someone from that side told the complainant that some bank account has been opened through his Adhar card in Canara Bank Malad Mumbai Branch and there is huge transaction in that account and FIR in this regard has been registered by CBI and an arrest warrant has been issued by the Supreme Court against the complainant. Complainant was informed that he has to get a secret account opened and he will have to transfer funds in that account and thus the complainant alleged that he was digitally arrested and he had transferred Rs.49,01,196/- in one Bank Account of I.C.I.C.I. Bank bearing account No. 145405002945 and thereafter the complainant was informed that he has to be in contact with the callers. After two days, the complainant came to know that he was digitally arrested and thereafter he made complaint to the police. Based on these allegations, the FIR has been registered. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case. She further submits that the prosecution has failed to consider the fact that nothing has been recovered from the applicant. She also submits that the applicant has only been arrested on the memorandum statement of the co-accused and there is no recovery from the applicant. Further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 12.12.2024, trial is likely to take some time for its conclusion therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of bail to the applicant and submitted that the charge-sheet has been filed. He further submitted that the applicant committed a digital fraud with the complainant for an amount of Rs. 49,01,196/-. As such, the allegation 3 itself shows commission of a serious crime, further the bail application of the co-accused persons, namely, Somnath Machind Doble and Bapu Shridhar Bharad has been rejected by this Court vide order dated 21.02.2025 passed in MCRC Nos. 369/2025 and 1298/2025, hence the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the fact that the bail application of the co-accused persons, namely, Somnath Machind Doble and Bapu Shridhar Bharad has been rejected by this Court vide order dated 21.02.2025 passed in MCRC Nos. 369/2025 and 1298/2025, also considering the fact that it is an organized cyber crime, hence, the bail application of the applicant is rejected. 7. Accordingly the bail application of the applicant, namely, Sheikh Naveed involved in Crime No. 469/2024 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 66 D of Information Technology Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti