Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22130
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3840 of 2025 Ravi Sahu S/o Late Sharad Sahu Aged About 26 Years R/o 247 Ward No. 12, Ramnagar, V.T.C. Supela, Bhilai, Durg, District Durg (C.G.)
... Applicant(s) versus State of Chhattisgarh Through The P.S. Civil Line Raipur, District Raipur (C.G.)
...Non-applicant(s) For Applicant : Mr. N. Naha Roy, Advocate. For Non-applicant/State : Mr.
Pramod
Shrivastava,
Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 20.05.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 44/2025 registered at Police Station – Civil Lines, Raipur, District Raipur (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short, ‘BNS’). BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.05.20 17:45:57 +0530
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2. Case of the prosecution, in brief, is that as per the rules and conditions directed by the Government of India, no new sim card would be activated without the Aadhar and Biometric verification of the customers. In the present case, 104 Bank accounts were opened in Utkarsh Small Finance Bank, Civil Lines Branch, Raipur (C.G.) for receiving the amount of cyber fraud. Upon cognizance, the Police of the Police Station: Civil Lines, Raipur (C.G.) initiated the instant criminal proceedings against the 104 Bank accounts holders. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that the applicant is an agent working with Airtel company who as per the rules of the company obtains the identification details of the customer and forwards it to the company for sim card activation and as such, the applicant’s share of responsibility is to only forward the details of the customer and not to verify such details so as to activate the sim card, and in view of such background, the applicant has duly acted upon his duty as per the rules only, and not otherwise. He also submits that the applicant has got nothing to do with any of the alleged bank account and neither he has received any money nor he have withdrawn any amount from anywhere. Therefore, he cannot be made an accused in this present case. He also submits that the applicant has no criminal antecedents. Accordingly, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail
3 application of the applicant and submits that the charge-sheet has already been filed before the competent Court.
He further submits that the present applicant has sold 40 to 50 sim cards to the other accused persons, which were used in the cyber fraud, which goes to show that it is an organized crime. He also submits that the regular bail application of the other co-accused persons, namely, Shubham Singh Thakur, Umesh Thadhas and Shubham Sharma in MCRC Nos. 2096 of 2025, 2123 of 2025 and 2486 of 2025 vide
order dated 21.04.2025 have already been rejected by this Court. Therefore, the bail application of the present applicant is also liable to be dismissed.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it is apparent that the present applicant is involved in a cyber fraud as he has sold 40 to 50 sim cards to the other accused persons, which goes to show that it is an organized crime and further the fact the regular bail applications of the other co-accused persons, namely, Shubham Singh Thakur, Umesh Thadhas and Shubham Sharma in MCRC Nos. 2096 of 2025, 2123 of 2025 and 2486 of 2025 vide order dated 21.04.2025 have already been rejected by this Court, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.
7. Accordingly, the bail application of the applicant – Ravi Sahu, involved in Crime No. 44/2025 registered at Police Station – Civil
4 Lines, Raipur, District Raipur (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 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.
- Sd/-
(Ramesh Sinha)
Chief Justice Brijmohan