Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23532
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4328 of 2025 Karan Chandrakar S/o Uttra Chandrakar, Aged About 20 Years, R/o Baniyadih, Police Station- Khamhariya, District- Bemetara (C.G.)
... Petitioner(s) versus State of Chhattisgarh Through Police Station Kawardha, District -Kabirdham (C.G.)
... Respondent(s) For Applicant : Mr. Aman Kumar Kesharwani, Advocate. For Non-Applicant/State : Ms. Shailja Shukla, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.91/2025, registered at Police Station – Kawardha, District -Kabirdham (C.G.) for the offence punishable under Sections 318(4), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Section 66 C of Information Technology Act. 2 The case of the prosecution, in brief, is that Chandrakant Tiwari posted as Sub Inspector at Cyber Cell, Kabirdham, submitted an official letter PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.13 19:32:26 +0530
2 regarding the registration of FIR against POS Agents Bhupendra Joshi and Dushyant Joshi, who allegedly misused customers’ KYC documents without their knowledge to issue fraudulent SIM cards and provide the same to the present applicant, namely, Karan Chandrakar and Hardik Choudhary for operative the cyber crime, hence, the offence under as indicated Sections have been registered against the present applicant including three others. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case, whereas the applicant had submitted original documents of the villagers on the basis of which SIM cards have been issued to the present applicant by the Bhupendra Joshi and Dushyant Joshi. He further submitted that 24 SIM cards has been seized from the present applicant, on the basis of which present applicant has been arrested in the as indicated, whereas there is no any connection in relating to the any offence as alled against the applicant. He further submits that the bail application of two co-accused persons have been dismissed by this Court and the case of the present applicant is different from other co-accused persons.
He also submits that the charge-sheet has been filed in this case and the applicant is in jail since 08.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the bail application of co-accused persons, namely, Bhupendra Joshi and Dushyant Joshi have been rejected by this Court vide order dated 22.05.2025 passed in MCRC No. 4002/2025. She further submits that from the possession of the present applicant total 14
3 Aadhar Card and 25 SIM cards has been seized, therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the bail application of co-accused persons, namely, Bhupendra Joshi and Dushyant Joshi have been rejected by this Court vide order dated 22.05.2025 passed in MCRC No. 4002/2025 and also considering the fact that total 14 Aadhar Card and 25 SIM cards has been seized from the possession of the present applicant, further it is a case of online fraud, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Karan Chandrakar involved in Crime No.91/2025, registered at Police Station – Kawardha, District -Kabirdham (C.G.) for the offence punishable under Sections 318(4), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Section 66 C of Information Technology Act, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 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 Preeti