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2025 DAILYLAW 34231 (CHH)

SATYANARAYAN KUMHAR v. STATE OF CHHATTISGARH

MCRC/5541/2025 · 2025-07-15

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Judgment text

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1 2025:CGHC:33494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5541 of 2025 Satyanarayan Kumhar S/o Late Hemant Kumar Aged About 35 Years R/o Shriram Maidan, Santoshi Nagar Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Lines, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Aman Sharma, Advocate. For Non-applicant/State : Ms. Saumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 44/2025, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 20.01.2025, a Sub-Inspector for Police Station concerned registered a cybercrime case based on a complaint received via the “Samanvay” portal, operated by the Indian RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Cyber Crime Coordination 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 totalling Rs. 36,48,448/- suspected to be proceeded of cyber fraud, thereafter, the Police arrested the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 24.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in the present case before the competent Court. He would submit that bail application of co- accused persons have been rejected by this Court vide order dated 22.05.2025 passed in MCRC Nos. 3846/2025, 3996/2025 and 4011/2025, vide orders dated 25.06.2025, 17.06.2025, 30.06.2025 and 27.06.2025 passed in MCRC Nos. 4843/2025, 4568/2025, 5004/2025 and 4057/2025. Therefore, the instant bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case, considering the nature and gravity of the offence and the material available on record, it is evident that the present applicant was actively involved in the 3 commission of cyber fraud amounting to the tune of Rs.36,48,448/- and it is an organized crime and also considering the fact that bail application of co-accused persons have been rejected by this Court vide order dated 22.05.2025 passed in MCRC Nos. 3846/2025, 3996/2025 and 4011/2025, vide orders dated 25.06.2025, 17.06.2025, 30.06.2025 and 27.06.2025 passed in MCRC Nos. 4843/2025, 4568/2025, 5004/2025 and 4057/2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant - Satyanarayan Kumhar involved in Crime No. 44/2025, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS is rejected. 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 provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar