Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27056
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3789 of 2025 1 - Arshad Ansari S/o Shri Ashraf Ansari Aged About 21 Years Residence Of Hathudih, Kachrara Bhatdih District - Dhanbad (Jharkhand)
... Applicant versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Amanaka, District- Raipur Chhattisgarh
... Non-applicant For Applicant : Mr. Mahesh Kumar Mishra, Advocate. For Non-Applicant : Mr. Sangharsh Pandey, Dy. Advocate General.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 23.06.2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 258 of 2024 registered at Police Station Aamanaka, Raipur, District Raipur, for the offences punishable under Section 420 of the Indian Penal Code and Section 66-D of the Information Technology Act.
2. Case of the prosecution, in brief, is that on 12.05.2024 at around 11 P.M., complainant, Anuradha Singh, a resident of Raipur, received a
2 phone call from the number 96649 xxxxx. wherein the caller informed her that he dealt in the sale of jewelry, mobile phone, clothes, etc. When the complainant placed an online order, she was asked to pay customs duty and other charges, and was allegedly made to pay a total amount of Rs.25,20,700/- into various SBI accounts. Thereby, applicant / accused alongwith other co-accused committed online fraud by cheating a total amount of Rs.25,20,700/-. Thereafter, aforementioned offences have been registered against the applicant and subsequently, he was arrested.
3.
Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the ATM Card of the applicant was drawn by co- accused, namely, Mohammad Shakur, which was utilized by him by doing transaction through the ATM Card, the applicant was not using the ATM Card and had nothing to do with the said transactions which belongs to the complainant, which is also evident from the memorandum statement of the co-accused, Mohammad Shakur as he has admitted that he kept the ATM Card of the applicant and had committed the alleged offence. The applicant is in custody since 22.12.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Per contra, learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant alongwith other co-accused persons are alleged to have committed online fraud of Rs.25,20,700/- with the complainant, one of the co-
3 accused person is still absconding, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having heard learned counsel for the parties, particularly, considering the nature & gravity of the offence and the fact that applicant alongwith other co-accused persons are alleged to have committed online fraud of Rs.25,20,000/- with the complainant, also considering the fact that one of the co-accused persons is still absconding, as such, it is a well planned crime, thus, without commenting on merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Arshad Ansari, involved in Crime No. 258 of 2024, registered at Police Station Aamanaka, Raipur, Distt.- Raipur (C.G.) for the offence punishable under Section 420 of the IPC and Section 66-D of the ID 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 forthwith.
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Sd/- Sd/-
(Ramesh Sinha)
Chief Justice amita