Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:26508
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3576 of 2025 Vivek Yadav S/o Vishwanath Yadav Aged About 25 Years R/o Khotahi Barwadih, Chowki-Khotahi, P.S. Ramkola, District Kushinagar, (U.P.)
... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Kurud, District – Dhamtari (C.G.)
---- Non-applicant
For Applicant : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 20.06.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 780/2022 registered at Police Station – Kurud, District – Dhamtari (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code and Section 66(d) of the IT Act.
2. Case of the prosecution, in brief, is that on date 24.08.2022 complainant received Rs. 100/- through PhonePay by his friend due to which he login to SBI YONO app for transaction and the app get crashed, then complainant followed some procedure to fill up a form RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 for registration on the online portal by the SBI which required some personal details though a message sent by the SBI bank, after filling the form an OTP was received by the complainant, after filling the OTP on the form Rs. 25,000/- and Rs. 1,88,000/- were debited from the account of the complainant, on lodging a report at Police Station concerned and an investigation was made and after some investigation applicant was arrested on account of dishonestly inducing complainant to deliver said amount. Hence, this application.
3.
Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. The applicant is in jail since 20.04.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that on date 24.08.2022 complainant received Rs. 100/- through PhonePay by his friend due to which he login to SBI YONO app for transaction and the app get crashed, then complainant followed some procedure to fill up a form for registration on the online portal by the SBI which required some personal details though a message sent by the SBI bank, after filling the form an OTP was received by the complainant, after filling the OTP on the form Rs. 25,000/- and Rs. 1,88,000/- were debited from the account of the complainant, on lodging a report at Police Station concerned and an investigation was made and after some investigation applicant was arrested on account of dishonestly inducing complainant to deliver said amount. As such,
3 the bail application deserves to be rejected. 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 and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary it transpires that on date 24.08.2022 complainant received Rs. 100/- through PhonePay by his friend due to which he login to SBI YONO app for transaction and the app get crashed, then complainant followed some procedure to fill up a form for registration on the online portal by the SBI which required some personal details though a message sent by the SBI bank, after filling the form an OTP was received by the complainant, after filling the OTP on the form Rs. 25,000/- and Rs.
1,88,000/- were debited from the account of the complainant, on lodging a report at Police Station concerned and an investigation was made and after some investigation applicant was arrested on account of dishonestly inducing complainant to deliver said amount, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Vivek Yadav involved in Crime No. 780/2022 registered at Police Station – Kurud, District – Dhamtari (C.G.) for the offence punishable under Sections 420 of the IPC and Section 66(d) of the IT Act, is rejected at this stage. 8. Needless to say that the concerned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 4
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha)
Chief Justice
Rajshekhar