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2025 DAILYLAW 23121 (CHH)

GOPI SONI v. STATE OF CHHATTISGARH

MCRC/4574/2025 · 2025-06-16

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Judgment text

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1 2025:CGHC:25053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4574 of 2025 1 - Gopi Soni S/o Pukhraj Soni Aged About 24 Years R/o Mahatma Gandhi Ward, P.S. - Kondagaon, District - Kondagaon (C.G.) 2 - Tanuj Sarkar S/o Ravindra Sarkar Aged About 34 Years R/o Pakhanjur, P.S. - Pakhanjur, Distt. - North Baster Kanker (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through - Station House Officer, Police Station - Kondagaon, District - Kondagaon (C.G.) ... Respondent For Applicants : Mr. Shreyansh Pathak, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2025 1. The applicants have preferred this application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who are arrested in connection with Crime No.94/2025, registered at Police Station – Kondagaon (C.G.) District – Kondagaon (C.G.) for the alleged VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 10:28:06 +0530 2 commission of offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS. 2. As per the prosecution story, on 06.03.2025 Office of Superintendent of Police received information from Cyber Cell that account holder of Punjab national bank applicant no 1 has complain registered on his name that there is transaction in his account which is cyber Fraud and received amount wrongly in their account then applicant no.1 and applicant no.2 and other co accused Indrajit Badhai committed cyber fraud were arrested in which the offence under section 317(2),317(4), 317(5), 111, 3(5) of BNS.. Has been registered and thana police arrested the applicant for the alleged commission of offence. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. He also submits that allegation levelled against the present applicants are totally false, only on the basis of memorandum statement they have been arrested in the present case. He also submits that applicant received amount in his accounts were wrongly used by the co-accused but nothing has been seized from the present applicant. He further submits that the applicants have no previous criminal antecedents and they are in jail since 13.03.2025. Therefore, he prays for grant of bail to the present applicants. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that applicants are having no criminal antecedents 3 and looking to the overt-act applicants are not entitled for grant of anticipatory bail. 5. I have heard learned counsel 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 transpires that the present case is of the nature of online fraud, by which the complainants suffered loss of huge amount, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of the applicants– Gopi Soni and Tanuj Sarkar, filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.94/2025, registered at Police Station – Kondagaon (C.G.) District – Kondagaon (C.G.) for the alleged commission of offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali