1 2025:CGHC:29135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4221 of 2025 Asharafbbhai Mahebubbhai Kondhiya (wrongly mentioned as “Asharaf Khan”)S/o Mahboob Bhai Kondhiya Aged About 45 Years R/o Behind Reliance Petrol Pump, Tanzil Park, Surendra Nagar Thana, Zorawar Nagar, Surendra Nagar, District Surendra Nagar, Gujrat. ... Applicant versus State Of Chhattisgarh ( Through District Magistrate, Durg, Chhattisgarh) ... Non-applicant For Applicant : Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Pankaj Singh, Advocate For Res./State : Mr. Jitendra Shrivastava, Government Advocate For Res./Objector : Mr. Sanjay Kumar Agrawal, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 66 of 2025 registered at Police Station- City Kotwali, Durg, District- Durg (C.G.) for the offence punishable under Sections 318(4), 217(2), 317(4), 612(2)(a), 3(5) of Bharatiya Nyaya Sanhita 2023 (in short “BNS”) and 66 (d) of Information Technology Act. 2 2. Case of the prosecution, in brief, is that the complainant - Ms. Fariha Amin Qureshi lodged a report in the City Kotwali Police Station, Durg to the effect that she practices law in the District Court, Durg. On 21.01.2025, a WhatsApp video call was made by Delhi Police Department on her mobile phone number 9300827810, according to which the complainant was told that CBI Police Delhi is investigating against Sandeep Kumar in the case of money laundering, drug trafficking, identity theft and during the investigation, Delhi Police has found 180 bank accounts from the accused, out of which one account is in his name in HDFC Bank Delhi in which Rs 8.7 crore is deposited and Sandeep Kumar told during interrogation that all the account holders have opened the said accounts in their name by taking 10 percent from Sandeep Kumar and appearing personally, in which one of them is the complainant. When the complainant refused, the said police officer asked for her details, Aadhar card, phone number, date of birth etc. and told her that he already had all these details, thereafter the said police officer asked her to immediately come to Delhi and give her statement otherwise he would arrest her immediately. When the complainant expressed her inability to do so, the said police officer asked her to talk to another police officer and gave her statement online and requested for an investigation, on doing so, a police officer Sunil Kumar Gautam IPS, Delhi Police was introduced online and after interrogation, a statement was taken. The police officer told that the accused Sandeep Kumar is a big criminal and he has raped and killed a woman, the case was very confidential, and to maintain the confidentiality. It was further stated that if confidentiality was violated then the complainant will be arrested immediately through CBI, and 3 was told that as she was a lawyer, she knew the working style of the CBI. Then as per the direction of the police officer, all her movable property which was deposited in Cooperative Bank, Bunkar Sangh Durg, Kachhari Post Office District Court Complex Durg, State Bank of India Ganjpara Durg, an amount of Rs. 41,00,000/-was deposited in RBI India through RTGS in different stages. Believing the documents sent by Delhi Police, IPS Sunil Kumar Gautam on which the three lion symbol of Government of India was present and seal was affixed in blue ink, the complainant kept cooperating in the investigation and deposited all her hard money in RBI. The WhatsApp message were noted on 04.01.2025 at 9:08 a.m. after which the Delhi Police officer was not reachable and no NOC with respect to the investigation made against her at Police Station Kotwali, was received by her and the money deposited/transferred by her amounting to Rs. 41 Lacs was not received back in her account, then she suspected that she has been cheated. Thereafter, on the basis of aforesaid complaint made by the complainant, the Police Station, City Kotwali, Durg, registered the offence as mentioned above. Allegation against the present applicant is that he alongwith co-accused Manish Doshi are involved in the aforesaid fraudulent act of cheating. 3. Learned counsel for the applicant submits that the present applicant is a Builder and has been falsely implicated in the crime in question. He would also submit that only on the basis of memorandum statement of co- accused person, namely, Manish Doshi, the name of the applicant came into the light and no amount has been deposited in the account of the present applicant. The applicant was named by the co-accused, as he had some rivalry with co-accused Manish Doshi, as the said co- 4 accused was a material supplier and there is money dispute between him and the applicant. It is next submitted that nothing has been seized from the applicant. It has been alleged that from the proceeds of the crime, the applicant had purchased a four wheeler, but there is nothing on record to suggest that the said vehicle was purchased from the proceeds of the crime. The applicant being a Builder has enough sources of income to purchase a four wheeler. He would further submit that the applicant is in custody since 30.03.2025; conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and would submit that the present is a case of online fraud, charge- sheet has been filed, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. On a pointed query being made by this Court as to whether there is any document to establish that the applicant is a Builder, it has been submitted by Mr. Bhaduri that he has filed copies of income tax returns (Annexure A/3) which shows that he had sufficient funds for purchasing a four wheeler. From perusal of the said ITR which is in respect of the year 2022-2023 and 2023-2024, it is evident that the total yearly income of the applicant is merely Rs. 4,27,730/- and Rs. 4,75,230/- respectively which in any case cannot be a conclusive proof to hold that the applicant is a builder. The offence in question is a serious offence as the complainant is said to have been cheated and a sum of Rs. 41 Lacs have been siphoned from her bank account after digitally 5 arresting her. Hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant- Asharafbbhai Mahebubbhai Kondhiya (wrongly mentioned as “Asharaf Khan” in the bail rejection order) involved in Crime No. 66 of 2025 registered at Police Station- City Kotwali, Durg, District- Durg (C.G.) for the offence punishable under Sections 318(4), 217(2), 317(4), 612(2)(a), 3(5) of Bharatiya Nyaya Sanhita 2023 (in short “BNS”) and 66 (d) of Information Technology Act is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.04 13:04:42 +0530