1 2025:CGHC:29137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4217 of 2025 Surendra Kumar Berman S/o Ratan Lal Berman Aged About 28 Years R/o Village Dhangaon, Bhathapara, P.S. Pamgarh, District Janjgir Champa (Chhattisgarh) --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Champa, District Janjgir Champa (Chhattisgarh) --- Respondent MCRC No. 4256 of 2025 Suraj Kumar Vishwas S/o Late Shankar Chandra Vishwas Aged About 30 Years R/o Amaraiya Para Bhojpur Champa, P.S. Champa, District : Janjgir-Champa, Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through Station House Officer Police Station - Champa, District : Janjgir-Champa, Chhattisgarh --- Respondent For Applicant For applicant : : Mr. C.P. Lahrey, Adv. in M.Cr.C. No. 4217/2025 Mr. Vikash Upadhyay, Adv. in M.Cr.C. No. 4256 /2025 For Respondent / State. : Mr. Somya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2025 1. Since both the bail applications arise out of the same crime number 2 i.e. Crime No. 173 / 2025 registered at police station – Champa, District Janjgir-Champa (C.G.), therefore, they are being heard analogously and decided by this common order. 2. These first bail applications have been preferred under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 173 /2025 registered at Police Station Champa, District Janjgir- Champa, for the offences punishable under Sections 318 (4), 61(2) of B.N.S. and Section 66 (c) of Information Technology Act & Section 43 (3)(E) of Telecommunication Act, 2023. 3. Allegation against the present applicant, namely Suraj Kumar Vishwas is that he allegedly used forged identity documents in order to fraudulently activate Ten mobile SIM cards through a Point of Sale (POS) unit namely Suraj Mobile Palace. This fraud came into the knowledge when Cyber Cell, Janjgir-Champa, received complaints and found that the SIM cards were issued using personal details and Aadhar documents of un-related individuals without their consent. It is further alleged that applicant Suraj Vishwas, being Operator of Suraj Mobile Palace, Champa, was allegedly distributing mobile phones to the authorized distributor of Airtel Company, who activated new SIM from his POS/LAPO on the instructions of Territory Salas Manager, whose mobile number is 78695878888 and got 10 SIMs of different numbers of Airtel company activated by cheating the customers while purchasing SIM and shared OTP with applicant Surendra Kumar Berman to make him agent. After becoming an agent, Surendra Kumar Berman, with the intention of activation of SIMs fraudulently, 3 got a total of 10 SIMs activated fraudulently and several new SIMS activated in the name of co-accused – Suraj Kumar Vishwas and provided to others and thereby committed the aforesaid offences. 4. Learned counsel for the applicant in M.Cr.C. No. 4256 of 2025 would submit that the applicant has been falsely implicated in the crime in the crime in question, as he has not committed the alleged crime. It is further submitted that the present applicant is owner & distributor of the shop namely Suraj Mobile Shop and he is not connected with the offenc, as the responsibility of the distributor is only to distribute the SIM cards to the agents and not to activate the SIM cards. It is next contended that the applicant is in jail since 01.05.2025; charge-sheet has been filed and conclusion of the trial is likely to take considerable time, hence, applicant- Suraj Kumar Vishwas may be enlarged on bail. 5. Learned counsel for the applicant in M.Cr.C. No. 4217 of 2025 would submit that the applicant has been falsely implicated in the crime in question, as there is no evidence on record to connect the applicant with the crime in question. He submits that the applicant has neither activated any SIM nor committed any fraud and cheating with the complainant and the prosecution has cooked-up concocted story and registered false FIR against the applicant based upon the false and fabricated allegations. He submits that applicant is in jail since 01.05.2025 and conclusion of the trial is likely to take long time, hence, the applicant may be released on bail. 6. Per contra, learned counsel for the State while opposing the bail application filed by the applicant would submit that the manner in which, offence of distribution of SIM card using personal details and 4 Aadhaar cards of unrelated individuals without their consent is said to have been committed by the applicants, they are not entitled for regular bail. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly looking to the nature & gravity of the offence and the manner in which offence of distribution of SIM card using personal details and Aadhaar cards of un-related individuals without their consent is said to have been committed by the applicants, without commenting on merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 9. Accordingly, the bail application of applicants namely – Suraj Kumar Vishwas and Surendra Kumar Berman, involved in Crime No. 173/2025, registered at Police Station Champa, District Janjgir- Champa, for the offences punishable under Sections 318 (4), 61(2) of B.N.S. and Section 66 (c) of Information Technology Act & Section 43 (3)(E) of Telecommunication Act, 2023, are hereby rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.04 13:25:37 +0530