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2025:CGHC:36205 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5152 of 2025 Hemant Chandra S/o Ramdayal Chandra Aged About 19 Years R/o Ward No. 05, Kusumjhar, P.S. Dabhara, District Sakti (C.G.) ---Applicant
versus State Of Chhattisgarh Through Sho. P.S. Sakri, District Bilaspur (C.G.). ---Non-applicant
MCRC No. 5190 of 2025 Rohit Royal S/o Laxman Singh Royal Aged About 28 Years R/o Ward No. 11, Faguram, Chowki Faguram, District Sakti (C.G.) ---Applicant
Versus State Of Chhattisgarh Through Sho, P.S. Sakri, District Bilaspur (C.G.). ... Non-applicant For Applicants : Mr. T.K. Jha, Advocate. For Non-applicant/State : Mr. Ramakant Mishra, Dy. Solicitor General for Union of India. For Objector Mr. Abdul Wahab Khan, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 25.07.2025
1. The applicants have preferred this First Bail Application under Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.28 16:48:17 +0530
2 / 3 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 936/2025, registered at Police Station : Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 318(4), 61(2), 317(5), 111(4), 323, 3(5) of the BNS 2023 & Section 66(D) of I.T. Act. 2. As per prosecution story in brief is that on 22.01.2025 complainant Jonson Ekka lodged a report stating that on 07.12.2024 a phone call he received in his mobile from the number 9424329554 from the person who introduce himself as bank officer and asked the complaint for KYC update and obtained OTP from the complainant amount of Rs. 26,74,701/- loan has been transferred from his account through fraudulent manner. 3. The present applicants are innocent and have been falsely implicated in the alleged offence. He submits that the applicants were not the owner of the said mobile number 9424329554, only on the basis of memorandum of co-accused present applicant have been implicated in this case. He further submits that applicants are permanent resident of above mentioned places and having movable and immovable property over there and no likelihood of his absconding or tempering the persecution witnesses and they are in jail since 28.05.2025 and 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 as well as leaned counsel for the objector opposed the bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 3 / 3
6. Considering the nature and gravity of the offence, and upon perusal of the case diary as well as the material available on record, it appears that the applicants conspired and pretended to be bank employees, and fraudulently withdrew a total of Rs. 26,74,701/- from the complainant’s account by making false statements regarding KYC updation through mobile. Thus, the involvement of the applicants/accused in the serious crime of online fraud involving the withdrawal of Rs. 26,74,701/- is shown, therefore, I am not inclined to grant regular bail to the applicants. 7. Accordingly, the bail application of the applicants – Hemant Chandra & Rohit Royal involved in Crime No. 936/2025, registered at Police Station : Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 318(4), 61(2), 317(5), 111(4), 323, 3(5) of the BNS 2023 & Section 66(D) of I.T. Act, is rejected. Sd/-
(Ramesh Sinha)
Chief Justice Vaibhav