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2025 DAILYLAW 30861 (CHH)

ANAND KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/4936/2025 · 2025-07-09

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Judgment text

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1 2025:CGHC:32097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4936 of 2025 1 - Anand Kumar Sahu Son Of Kanhaiyalal Sahu Aged About 22 Years Resident Of Village Madneshwarpur, Police Station And Tahsil Ramanujnagar, District - Surajpur, Chhattisgarh. 2 - Surya Babu @ Surya Sonwani Son Of Lalan Sonwani Aged About 19 Years Resident Of Katkona (Khadipara), Police Station And Tahsil Patna, District - Koriya, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Surajpur, District – Surajpur, Chhattisgarh. ---- Non-applicant For Applicants : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Dr. Sourabh K. Pandey, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 150/2025 registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 413, 420, 120-B and 34 of the Indian Penal Code(IPC)/317(4), 318(2), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(D) of the Information Technology Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. Case of the prosecution, in brief, is that on different-different online complaint lodged by the persons, who have been cheated by way of cyber fraud and on the basis of complaint, the police registered the offences against the unknown persons and during the investigation, the police obtained the account details of those persons, on whose account has been used for the commission of alleged offences and applicant No.1 Anand Kumar Sahu also interrogated by the police and during the course of investigation, the police recorded the memorandum statement of Sourabh Sahu and one Aman Sahu. In the memorandum statement of Sourabh Sahu, he stated that he was working as a Software Engineer along with Ashish Sahu and prior to two years, he went ot Bhopal and he came into the contact with the persons known as Ram, thereafter they exchanged their mobile numbers, whereby Sourabh Sahu was asked to provide the newly opened account and in lieu of that he will receive Rs.25000 to 30000/- and on being asked by Sourabh Sahu, the account was opened by Aman Sahu and Suraj Deewan. Subsequently another memorandum statement of Aman Sahu was recorded, in which he states that he came to the contact of Sourab Sahu prior to one and half year and Sourabh Sahu asked Aman Sahu to provide the account details and in lieu of that he will receive sum of Rs.12,000/-and on being asked by Aman Sahu, three accounts details were provided to him and name of account holders are Anand Sahu, Vishal Sahu and Surya Sonwani and Aman Sahu received sum of Rs.30000/-for providing the account details. Subsequently on the memorandum statement of accused persons, the applicants have been arrested for the commission of alleged offences on the ground that they opened the mule account. Hence, this application. 3 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. The applicant is in jail since 20.03.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the co-accused persons relating to the same crime number, have filed bail applications which have already been rejected by this Court vide orders dated 02.07.2025 and 02.07.2025 passed in MCRC Nos. 3878/2025 and 3403/2025. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary it transpires that on different-different online complaint lodged by the persons, who have been cheated by way of cyber fraud and on the basis of complaint, the police registered the offences against the unknown persons and during the investigation, the police obtained the account details of those persons, on whose account has been used for the commission of alleged offences and applicant No.1 Anand Kumar Sahu also interrogated by the police and during the course of investigation, the police recorded the memorandum statement of Sourabh Sahu and one Aman Sahu. In the memorandum statement of 4 Sourabh Sahu, he stated that he was working as a Software Engineer along with Ashish Sahu and prior to two years, he went ot Bhopal and he came into the contact with the persons known as Ram, thereafter they exchanged their mobile numbers, whereby Sourabh Sahu was asked to provide the newly opened account and in lieu of that he will receive Rs.25000 to 30000/- and on being asked by Sourabh Sahu, the account was opened by Aman Sahu and Suraj Deewan. Subsequently another memorandum statement of Aman Sahu was recorded, in which he states that he came to the contact of Sourab Sahu prior to one and half year and Sourabh Sahu asked Aman Sahu to provide the account details and in lieu of that he will receive sum of Rs.12,000/-and on being asked by Aman Sahu, three accounts details were provided to him and name of account holders are Anand Sahu, Vishal Sahu and Surya Sonwani and Aman Sahu received sum of Rs.30000/-for providing the account details. Subsequently on the memorandum statement of accused persons, the applicants have been arrested for the commission of alleged offences on the ground that they opened the mule account. Furthermore, the co-accused persons relating to the same crime number, have filed bail applications which have already been rejected by this Court vide orders dated 02.07.2025 and 02.07.2025 passed in MCRC Nos. 3878/2025 and 3403/2025, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicants – Anand Kumar Sahu and Surya Babu @ Surya Sonwani involved in Crime No. 150/2025 registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 413, 420, 120-B and 34 of the IPC/317(4), 318(2), 61(2)(A) of the BNS and Section 66(D) 5 of the Information Technology Act, is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar