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2025 DAILYLAW 26744 (CHH)

MOHAMMAD SALIM v. STATE OF CHHATTISGARH

MCRC/4490/2025 · 2025-07-09

body2025

Judgment text

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1 2025:CGHC:32041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4490 of 2025 1 - Mohammad Salim S/o Shri Abdul Sattar Aged About 23 Years R/o Village Khapri Tehsil Ghumka District- Rajnandgaon (Chhattisgarh) --- Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Kotwali District Rajnandgaon (C.G) --- Respondent MCRC No. 4846 of 2025 1 - Shiva David S/o Shri Ravi David Aged About 33 Years R/o Sanjay Nagar, Ward No. 05, P.S. Supela, Bhilai, District Durg (C.G.) ---Applicant Versus 1 - State Of Chhattisgarh Through The Police Station House Officer, P.S. Kotwali, District Rajnandgaon (C.G.) --- Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Aditya Bhardwaj and Ms. Renu Kochar, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 to the applicants arrested in connection with Crime No. 110/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5), 111, 3(5) of BNS. 2. As per prosecution story in brief is that through the letter No. Cyber Cell/Raj/240/2025 dated 01.03.2025 from the Senior office, the Coordination Portal of the Indian Cyber Crime Coordination Centre (I4C), which serves as a comprehensive guide for police to share information on cybercrimes for investigative purposes, identified certain suspicious bank accounts used for receiving, utilizing, and laundering money obtained through cyber fraud. That relevant information was collected from the Coordination Portal, and it was found that a total of 09 bank accounts in Bandhan Bank, Rajnandgaon Branch, District Rajnandgaon (IFSCCode:BOBL0001550), received a total amount of 26,86,860/- obtained through cyber fraud from 01.01.2024 onwards from the 9 different accounts. The account numbers are as follows:-20200041340043, 202000514983911, 20100027185586, 20200046433113, 20200056830553, 20200008028974, 20200051213773, 20200062300310, 20200065100810. That the account holders/beneficiaries were involved in utilizing the proceeds of cyber fraud. Necessary information was obtained, and efforts were made to freeze the accounts and take action against those assisting in the illegal transactions. It was observed that the accused knowingly engaged in concealing, transferring, or laundering the illicit money, fully aware that it was acquired through dishonest or fraudulent means. Based on the information received from the Government 3 of India's Coordination Portal and the letter submitted by the Cyber Cell, a formal case was registered, and an investigation was initiated against the suspicious account holders under relevant legal provisions. That the present applicant, Mohammad Salim, holder of Bandhan Bank Account No. 20100027185586, was taken into custody and thoroughly interrogated. During his memorandum statement, he admitted to selling his bank account for 15,000 to Shiv David, hence this bail application. ₹ 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. It is submitted by learned counsel for the applicants are that the charges leveled against him just in order to harass them, they had no such bank accounts which can be operated as mule account nor their identity proof have been used with his consent to open any account in any of the bank branches to earn any kind of profit. They further submits that present applicants are in jail since 07.03.2025 and 24.04.2025 respectively, conclusion of the trial may take some time, therefore, they prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel, opposes the bail application and submits that total 09 bank accounts in Bandhan Bank, Rajnandgaon Branch, District Rajnandgaon (IFSCCode:BOBL0001550), received a total amount of 26,86,860/- obtained through cyber fraud from 01.01.2024 onwards from the 9 different accounts and there are some previous antecedents against the applicant -Shiva David bearing FIR No. 160/2024, police station Supela, District Durg under 4 section 294, 506 323 of I.P.C. That list of the cases which are disposed off (1) FIR No. 121/2013, Police Station Supela, Durg offence under section 294, 506, 323, 34 of I.P.C. vide RCC No. 266366/2013 before Judicial Magistrate First Class Durg vide order dated 22.10.2019. (II) FIR No. 1060/2016 police station Supela, District Durg, offence u/s 294, 506, 323, 34 of I.P.C. Criminal RCC No. 10735/2016 before Judicial Magistrate First Class Durg vide order dated 31.10.2018. (III) FIR No. 1063/2016 police station Supela, District Durg, offence u/s 294, 506, 323, 34 of I.P.C. Criminal RCC No. 10814/2016 before Judicial Magistrate First Class Durg vide order dated 16.11.2018. (IV) FIR No. 1083/2018 police station Supela, District Durg, offence u/s 34(1) of Chhattisgarh Excise Act Criminal RCC No. 37693/2018 before Judicial Magistrate First and present case is of the nature of online fraud, by which the complainants suffered of huge amount. Thus, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it transpires that the present case is of the nature of online fraud, by which the complainants suffered loss of huge amount and applicants are in jail since 07.03.2025 and 24.04.2025 respectively, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this bail application of applicants – Mohammad Salim and Shiva David involved in Crime No. 110/2025 5 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5), 111, 3(5) of BNS 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 vaishali