Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:22277
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3846 of 2025 Anupam Shukla S/o Arun Kumar Shukla Aged About 23 Years R/o Professor Colony, Sector 3, Gali No. 3, P.S. Purani Basti, District Raipur (C.G.)
--- Applicant versus State Of Chhattisgarh Through Range Cyber Police Station, Civil Lines, Raipur (C.G.)
--- Non-applicant MCRC No. 3996 of 2025 Praveen Thakur S/o Ashok Kumar Thakur Aged About 23 Years (Father's Name As Per Affidavit Given In Trial Court), R/o Gajmarra Ward No. 7, Ps Dongargarh, District Rajnandgaon Chhattisgarh
... Applicant versus
2 State Of Chhattisgarh Through Police Station Civil Lines, District Raipur Chhattisgarh
... Non-applicant MCRC No. 4011 of 2025 Om Aarya S/o Shri Dev Kumar Aarya Aged About 21 Years R/o Mungeli, Sindhi Colony, Old Bus Stand, Near Main Road, Mungeli Chhattisgarh Present Address - 7/333, Sector-02, Behind Taigore School, Shivanand Nagar, Raipur Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line District Raipur Chhattisgarh
... Non-applicant
For Applicants : Mr. Ashish Shrivastava, Senior Advocate (appeared through video conferencing) with Mr. Ramayan Yadav, Advocate Mr. Priyank Rathi, Advocate Mr. Arun Kukreja, Advocate For Non/applicant/State : Mr. Pramod Shrivastava, Dy. G.A. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 22.05.2025
1. The applicants have preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 44/2025, registered at Police Station
3 Civil Lines, Dist- Raipur (C.G.) for offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 20/01/2025 vide portal of Ministry of Home, Government of India, information was received by the Police at Police Station, Raipur to take cognizance of the mule account holders in Utkarsh Small Finance Bank and upon query, it was found that 104 mule bank accounts were opened which were alleged to be used for cyber fraud to the tune of Rs. 36,48,448/-. Subsequently, during investigation, the applicants herein were arrested and the aforesaid offence was registered against them. 3.
Learned counsel for the applicant – Anupam Shukla submits that the applicant has falsely been implicated in the crime in question as he was working as a Sales Executive in Utkarsh Small Finance Bank and he has opened 5 bank accounts from his ID to achieve his monthly targets and was completely unaware of the fact that the said accounts were used by one Yash Bhatia (main accused) and his associates for cyber fraud and since the applicant is in jail from 27/01/2025 and the conclusion of trial may take some time, he be released on bail. 4. Learned counsel for the applicant – Praveen Thakur submits that the allegation against the present applicant is that he deliberately sold his bank account for an amount of Rs. 5000/- for the purpose
4 of facilitating cyber fraud, however, the applicant had no knowledge that a bank account under his name was being operated in the said Bank and he is in jail since 23/01/2025 and he has no previous criminal antecedents, therefore, he be released on bail. 5. Learned counsel for the applicant – Om Arya submits that the applicant works at Airtel company and his work was to activate sim cards and he has been arrested on the ground that two of the sim cards activated by him were found to be used in the commission of the aforesaid cyber fraud, however, he had no involvement in the commission of the crime and he has been in jail from 20/02/2025 and he has no previous criminal antecedents, as such, he be released on bail. 6. On the other hand, learned State counsel opposes the bail application and submits that all the three applicants have been found to be involved in the commission of the crime in question and moreover, the bail applications filed by the co-accused namely Aayush Masrake in MCRC/3928/2025 and Shubham Singh Thakur and Umesh Thadhas in MCRC/2096/20256 have been rejected by this Court vide orders dated 20/05/2025 and 21/04/2025, respectively, therefore, the instant bail application filed by the present applicants is liable to be rejected on the ground of parity. 5
7. I have heard learned counsel appearing for the parties and perused the case diary. 8.
Considering the facts and circumstances of the case, the nature and gravity of the offence and the material available on record, it is evident that the present applicants were actively involved in the commission of cyber fraud amounting to the tune of Rs. 36,48,448/- and it pertains that it is an organized crime and though the applicants herein do not have any previous criminal antecedents and they have been detained since 27/01/2025, 23/01/2025 and 20/02/2025, respectively, but considering the fact that the bail applications filed by the co-accused namely Aayush Masrake in MCRC/3928/2025 and Shubham Singh Thakur and Umesh Thadhas in MCRC/2096/20256 have been rejected by this Court vide orders dated 20/05/2025 and 21/04/2025, this Court is of the view that it is not a fit case to release the applicants on bail. 9. Accordingly, the bail application of the applicants – Anupam Shukla, Praveen Thakur and Om Aarya, involved in Crime No. 44/2025 registered at Police Station – Civil Lines, Dist- Raipur (C.G.) for offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyaya Sanhita, 2023, is hereby rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 6
11. 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
2. Harneet