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2025 DAILYLAW 29118 (CHH)

AMAR RAJ KESHARI v. STATE OF CHHATTISGARH

MCRC/4843/2025 · 2025-06-24

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Judgment text

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1 2025:CGHC:27748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4843 of 2025 • Amar Raj Keshari S/o Late Daroga Prasad Keshari Aged About 34 Years R/o Old Khursipar Plant Gate Bhilai, District Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Civil Lines Raipur, District Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. Arvind Sinha, Advocate For Respondent : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/06/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 44/2025 registered at Police Station – Civil Lines District – Raipur (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 2023. 2. As per prosecution story in brief is that on 20.01.2025, a Sub- Inspector for Police Station concerned registered a Cybercrime VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 case based on a complaint received via the “Samanvay” portal, operated by the Indian Cyber Crime Coordiantion Centre, the complaint involved fraudulent transaction linked to 104 bank accounts in Utkarsh Small Finance Bank (IFSC: UTKS0001400), Raipur branch, these accounts, which began operating from January 1 to December 31, 2024 received illegal funds totaling Rs. 36,48,448/- suspected to be proceeded of cyber fraud, thereafter, the police arrested the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that as per the charge-sheet, the mobile number 8349530468 has been registered in the name of Vijay Mohad and the same has been used by the account holder namely Harish Sonkar and as per the statement of Vijay, the aforesaid mobile has been purchased from one Raju Mobile Shop. He further submits that the said mobile phones which were used in the cyber crime has been purchased either different mobile shop or prior to opening the mobile shop by the applicant, therefore the either allegation made against the applicant has been attracted. The present applicant is in jail since 20.02.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application and submits that applicant has been found to be involved in the commission of the crime in question and the bail 3 application filed by the co-accused namely Anupam Shukla in MCRC No.3846 of 2025 has been rejected vide order dated 22.05.2025 and the instant bail application filed by the present applicant is liable to be rejected on the ground of parity. 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 and gravity of the offence and the material available on record, it is evident that the present applicant was actively involved in the commission of cyber fraud amounting to the tune of Rs. 36,48,448/- and it pertains that it is an oraganized crime and he is in jail since 20.02.2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this second bail application of applicant – Amar Raj Keshari involved in 44/2025 registered at Police Station – Civil Lines District – Raipur (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 2023, is rejected at this stage. 8. 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