1 2025:CGHC:24692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4502 of 2025 Abhesh Kumar S/o. Shri Lakhan Das Aged About 20 Years R/o. Village - Chofala Niche Tola, Police Station - Chandramandih, District - Jamui (Bihar) ... Applicant versus State Of Chhattisgarh Through Police Station - Khadgawan, District - Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent For applicant : None. For Respondent/State : Shri Shashank Thakur, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16/06/2025 1. None appears nor any representation is made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 13/01/2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.19 10:57:41 +0530 2 counsel. 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.302/2024 registered at Police Station Khadganwa for the offence punishable under Sections 318(4) BNS & 66, 66 D of IT Act. 4. Case of prosecution, in brief, is that complainant, Suraj Lal Singh submitted a written complaint before the police station and stated that on 05.12.2024 an unknown call came from the mobile number 9508400484 to his mobile number 9977239874, kindly you update your Jio No. from 4G to 5G then your mobile will be work properly, as per instruction the complainant press button no. 1 then again phone call came from the mobile no. 9508400484, and told that your number from 4G to 5G has been successful upgrade, for the 24 hours your mobile will be closed then it will be started. When the complainant went to his Central Bank then came to know 9,07,012/- rupees was fraudulently deducted from his account number 2358113526. The FIR was registered against the holder of mobile no. 9508400484 of the unknown person. The accused was arrested on 13.01.2025. After completing the investigation, a charge sheet has been filed before the competent Court. 5. Learned State counsel opposes the bail application. He would 3 submit that the charge sheet has been filed in this case before the competent court and it is a case of online fraud, therefore the applicant is not entitled for grant of bail. 6. I have perused the case diary. 7. It transpires from the record that the ground which has been taken for enlargement of the applicant on bail is that the alleged mobile no.9508400484 was not seized from the applicant and further the co-accused Rajesh Das has been granted bail in MCRC No.3442/2025 but the bail application which was allowed of the co-accused goes to show that the case of the applicant was distinguished from the said co-accused and it is an online fraud, therefore this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant-Abhesh Kumar filed under Section 483 of BNSS, involved in Crime No.302/2024 registered at Police Station Khadganwa for the offence punishable under Sections 318(4) BNS & 66, 66 D of IT Act, is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri