1 2025:CGHC:23855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4475 of 2025 Mukesh Gar S/o Late Shri Chetan Gar Aged About 30 Years R/o Village Vishala, Shiv Bhakri, Police Station Barmer, District – Barmer, Rajasthan ... Applicant versus State of Chhattisgarh Through Police Station Incharge, P.S. Bacheli, District South Bastar Dantewada, Chhattisgarh ... Non-Applicant For Applicant :Mr. Himanshu Pandey, Advocate. For Non-Applicant/State :Mrs. Shailja Shukla, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.06.2025 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.02/2025, registered at Police Station – Bacheli, District - South Bastar Dantewada (C.G.) for the offence punishable under Sections 420 of Indian Penal Code (Section 318 of Bharatiya Nyaya Sanhita, 2023) and Section 66 D of Information Technology Act. 2 The case of the prosecution, in brief, is that on 19/01/2025, complainant, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.16 11:45:39 +0530 2 namely, Nitin Vahne appeared at Police Station Bacheli and lodged a report that on searching from his mobile number 8085940363 with Facebook ID nitenvahane05, an advertisement for investment came, on opening the advertisement, an app came, on clicking the app, a registration form was shown, on filling the said registration form, he was added to the WhatsApp group through mobile number 9233977550. The name of the WhatsApp group was VIP675BLACK ROCK BUSINESS SCHOOL, whose coordinator was Nalij Lim whose numbers were 9205367217, 8638947878. He sent a message on the WhatsApp number to fill the registration form, which the complainant registered through WhatsApp on 18-12-2023, after that he was asked to download Play Store B.R.A, on downloading the app, he was given activation code 1810. On entering the code, the app was activated in his name, he was asked to enter the bank detail account number, then the applicant entered the bank details of his SBI Bacheli account number 11290751258, after which he sent the account number 2525022509532 INDUSIND BANK in the name of Vijay Trading whose IFSC NO INDB 0000747. On 27-12-2023, the complainant transferred Rs. 50,000/- online from his account number 11290751258 from his house, Quarter 182, Hi-Tech Colony, Bacheli, to the said account number. On different dates, from different numbers, a fraud of Rs. 13,54,963/- was committed on the complainant through different accounts of different banks by luring him with business through web portal, on the report of which, a crime under Section 420 IPC and 66 (D) IT Act has been registered in Police Station Bacheli under FIR No. 02/2025 and after investigation, the applicant/accused was arrested and sent to judicial custody and after investigation, the charge sheet has been presented in the trial Court. 3 It is argued by the learned counsel for the applicant that the applicant is 3 innocent and has been falsely implicated in this case. He also submits that the First Information Report (FIR) does not name the applicant as an accused but it is registered against the holder of mobile number 9205367217 and holder of AU Bank account number 2021229428638332. As per the FIR, the said bank account is in the name of Lakshmi Enterprises. He also submits that the charge-sheet has been filed in this case and the present applicant has no previous criminal antecedents and the applicant is in jail since 21.03.2025 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. She further submitted that from perusal of the record, it appears that a total of 56 documents including Union Bank passbook, account number 186222010002253, MDFC Bank passbook whose account number is 50100612300875, State Bank passbook whose account number is 61222730688, SBI Bank passbook whose account number is 355255100169, SBI Bank passbook whose account number is 61195453420 have been seized from the possession of the applicant/accused Mukesh Gar on 19/01/2025, 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 from perusal of the record, it appears that total of 56 documents including Union Bank passbook, account number 186222010002253, MDFC Bank passbook 4 whose account number is 50100612300875, State Bank passbook whose account number is 61222730688, SBI Bank passbook whose account number is 355255100169, SBI Bank passbook whose account number is 61195453420 have been seized from the possession of the applicant/accused, which clearly shows the role of the applicant / accused in the presented crime, further it is a case of online fraud, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Mukesh Gar involved in Crime No.02/2025, registered at Police Station – Bacheli, District - South Bastar Dantewada (C.G.) for the offence punishable under Sections 420 of Indian Penal Code (Section 318 of Bharatiya Nyaya Sanhita, 2023) and Section 66 D 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