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2025 DAILYLAW 31249 (CHH)

FAIZAL AHAMAD v. STATE OF CHHATTISGARH

MCRC/5001/2025 · 2025-07-16

body2025

Judgment text

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1 / 4 2025:CGHC:33879 NAFR MCRC No. 5001 of 2025 Faizal Ahamad S/o Late Pyare Saheb Aged About 24 Years R/o Behind Old S.B.I. Bank, Ward No. 11, Ram Nagar, Supela, Police Station Vaishali Nagar, Bhilai, District Durg Chhattisgarh. ---Applicant versus State Of Chhattisgarh Through Police Station Range Cyber P.S. Durg, District Durg, Chhattisgarh. ---Non-applicant MCRC No. 5205 of 2025 Premprakash Bandhe S/o Udal Kumar Bandhe Aged About 19 Years R/o Near Sai Vidya Bhawan, Harinagar, Katulbod, Durg, Tahsil And District-Durg (C.G. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Cyber Thana, Durg Range, District- Durg (C.G.). ... Non-applicant For Applicant : Mr. B.P. Singh, Advocate & Mr. Anil Pandey, Advocate for respective applicants. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.18 11:04:29 +0530 2 / 4 17.07.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 03/2025, registered at Police Station : Range Cyber P.S. Durg, District – Durg (C.G.) for the offence punishable under Section 317(2), 317(4), 318(4), 61(2)(A) of BNS 2023 and 66(d) of the I.T. Act. 2. As as per prosecution story and Police Station Range Cyber P.S Durg Received an information from Bhartiya Cyber Apradh Samanvay Kendra Coordination Portal operated by the Ministry of Home affairs, Government of India, regarding mule accounts in the Bandhan Bank Branch at Smriti Nagar, Hi-Tek Hospital, Bhilai, District Durg, IFSC Code BDBL0002284, and received information of mule accounts total of 13 Bank Accounts were found and upon investigation FIR was registered and upon investigation total of 13 accounts were identified and the 13 Bank Account holders were implicated in this crime and the Police personnel informed to the bank regarding the Mule accounts and upon investigation it was revealed significant fraudulent deposits, including 40,45,600/- Rs in Co-accused Anshul Tiwari's Account, 65,000/- Rs in Co-accused Lalit Kumar Chauhan's Account and 45,000/- Rs in Sanjay Kumar Sharma's Account, the accused persons admitted to either selling or misusing their bank accounts for fraudulent activities and upon memorandum statement of co-accused the present applicant has been enroped alleging that the applicant use to give account to co-accused and use to receive 20,000/- Rs in exchange and the aforesaid crime has been committed and the upon completion of 3 / 4 investigation charge sheet has been filed. 3. The applicants, who have been in jail since May 23, 2025, seeks bail on the grounds of false implication in an online fraud case, asserting innocence and lack of involvement. The police have seized a bank account, cheque book, ATM card, and a mobile number linked to the applicant, but no material evidence has been found connecting him to the alleged fraud. The charge sheet has already been filed, and the case is triable by a Magistrate with no charges warranting life imprisonment. The applicant is a permanent resident, poses no flight risk, is willing to cooperate with the trial process, and undertakes not to misuse the bail, requesting release as the trial is expected to take a long, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the present applicant along with other co-accused persons committed online fraud, therefore, they are not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and also considering the fact that the applicants have committed a cyber fraud, thus, looking to the seriousness of the allegations against the present applicants, I am not inclined to grant regular bail to the applicants. 7. Accordingly, the bail application of the applicants – Faizal Ahamad & Premprakash Bandhe, involved in Crime No. 03/2025, registered at Police Station : Range Cyber P.S. Durg, District – Durg (C.G.) for the 4 / 4 offence punishable under Section 317(2), 317(4), 318(4), 61(2)(A) of BNS 2023 and 66(d) of the I.T. Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaibhav