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2025 DAILYLAW 24305 (CHH)

ABHISHEK SHUKLA v. STATE OF CHHATTISGARH

MCRC/4303/2025 · 2025-06-29

body2025

Judgment text

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1 2025:CGHC:29125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4303 of 2025 Abhishek Shukla S/o Lt. Devnarayan Shukla Aged About 28 Years R/o Village- Jogidongri, Police Station Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Gaurela, District : Gaurela-Pendra- Marwahi, Chhattisgarh ... Respondent For Applicant : Mr. Satyendra Mahadewa, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.46/2025, registered at Police Station - Gaurela District – GPM (C.G.) (C.G) for the offence punishable under Section 314, 317(2), 317(4), 61(2)(A) & 112 of the BNS, 2023 and Section 66(d) of Information Technology Act. 2 2. As per the prosecution story, in brief, the complainant Manoj Kumar Hanotiya (A.S.I.) made a written complaint at Police Station- Gourela that he got an information from the informant coordinate center (14C) that some bank accounts of different banks of his area are found to be involved in cyber fraud cases and Rs. 50,900/- was found to be received on those accounts, on the basis of which, the bank account of the present applicant was searched and it was found that the present applicant was involved in commission of online fraud registered at different States i.e. Rajasthan, Karnataka & Maharashtra. Accordingly, the pass-book and cheque book of the present applicant was seized and it is found that present applicant along-with one co- accused have engaged their accounts for getting commission in transfer of money. Accordingly, the offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant did not commit any fraud. He also submits that the applicant has no connection, direct or indirect, with the bank accounts alleged to be involved in commission of online fraud. He further submits that the applicant is in jail since 02.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. The learned counsel for the State/non-applicant opposes the bail application, submitting that the applicant is habitual offender and 3 he used his bank account for getting commission in transfer of money, therefore, it is alleged that the applicant had participated in the online fraud and co-accused bail already been rejected by this Court, hence, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and further taking into account that the applicant is a habitual offender who used his bank account to receive commission from the transfer of money, it is evident that he participated in the alleged online fraud. Moreover, in this case the bail application of a co-accused has already been rejected by this Court in MCRC No. 2634 of 2025. Therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant – Abhishek Shukla, involved in Crime No.46/2025, registered at Police Station - Gaurela District – GPM (C.G.) (C.G) for the offence punishable under Section 314, 317(2), 317(4), 61(2)(A) & 112 of the BNS, 2023 and Section 66(d) of Information Technology Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav