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2025 DAILYLAW 25401 (CHH)

N. NIKHIL v. STATE OF CHHATTISGARH

MCRC/4307/2025 · 2025-06-29

body2025

Judgment text

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1 2025:CGHC:29122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4307 of 2025 N. Nikhil S/o N. Narsingh Murty Aged About 28 Years, R/o N.J. Laxmi, Ekta Nagar Chowk Bamleshwar Nagar Gudhiyari District Raipur (Chhattisgarh) (Wrongly Mentioned As Narsingha Murty In The Casue Of The Order Sheet) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Ganj (As Per FIR) District Raipur, (Chhattisgarh) ... Respondent For Applicant : Mr. Ali Afzal Mirza, Advocate For Respondent/State : Mr. Soumya Sharma, Panel Lawyer 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No.79/2025 registered at Police Station – Ganj, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of BNS, 2023. 2. Case of the prosecution, in brief, is that from the bank accounts of Karnataka Bank Branch, Raipur, a total of 41 accounts holders in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.02 18:51:57 +0530 2 a fraudulent manner have received amount of Rs.27,27,556/- through deceitful means in their respective bank accounts and knowing that such amount has been received by them who are hand in gloves in this conspiracy and have not disclosed anything with respect to receiving of the aforesaid amount. Upon receiving the aforesaid information, on 23.03.2025 police station Ganj, Raipur registered an FIR against the 41 account holders and initiated preliminary investigation with respect to the commission of the aforesaid cyber fraud. The police has prepared a check list of the accused persons and have arrested them with respect to the investigation. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the applicant has no nexus with the aforesaid act and in reality the applicant is studying in Delhi and pursuing a diploma course in photography. He further submits that upon investigation by the police against the applicant, no ingredients of Section 111 of BNS 2023 is established and the applicant has been arrested solely on the basis of suspicion, further, prima facie, there is no evidence available against the applicant which shows that his account has been used in commission of the aforesaid cyber fraud. Further, the police has seized the applicant’s mobile phone in which no incriminating substance has been found against him. He further submits that applicant is in jail since 26.03.2025 and conclusion of the trial may take some time, therefore, he prays for grant of 3 regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence and further the fact that the applicant has been involved in the online Cyber fraud and has received money on his account and despite knowing the same, he has not disclosed the same to any one, therefore, it is not a fit case for grant of bail to the applicant. 7. Accordingly, the bail application of the applicant – N. Nikhil, involved in Crime No. 79/2025 registered at Police Station – Ganj, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of BNS, 2023, is rejected. 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 Vaibhav