1 2025:CGHC:34579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5696 of 2025 • Rifakat S/o Liyaqat, Aged About 45 Years R/o Mohalla Gotiya, Thana C.B. Ganj, Janpad Bareli (U.P.) ... Applicant versus • State Of Chhattisgarh Through- Police Station- Basantpur, Distt.- Balrampur Ramanujganj (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhir Sharma, Advocate For Respondent/State : Dr. Saurabh Kumar Pandey, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.176/2025 registered at Police Station Basantpur, District- Balrampur-Ramanujganj (C.G.) under Section 303(2), 338, 336(3), 340(2), 308(6) and 3(5) of BNS and also under Sections 66(D), 66(C) of Information Technology Act. 2. Case of the prosecution, in brief, is that on 10.10.2024, at about 12.36 p.m. a video call came on the mobile number 9926713435 of the complainant from mobile number 923478774588. The video caller introduced himself as he was calling from CBI Crime Police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.29 10:43:25 +0530 2 Dehradun Office and said that his was trapped in a rape case and to get him out of the said case, the concerned IG was demanding Rs. 50,000/-, which was to be paid as soon as possible, otherwise a case would be registered and complainant’s son will be put in jail. It is also alleged that a voice of a child’s crying and beating him was heard due to which, the complainant fell into the trap and paid Rs. 25,000/- from mobile bearing No. 7983451949 and Rs. 20,000/- from mobile number 7304992446 in the name of a lawyer. Thereafter, FIR was lodged by the complainant against the unknown persons and after that, the present applicant has been arrested. 3. Learned counsel for the applicants submits that the present applicant have been falsely implicated in the crime in question. He would also submit that the present applicant has neither received any amount from the complainant and also the applicant does not know about the forgery and there is delay in lodging the FIR which has also not been explained by the complainant. He would further submit that a compromise has taken place between the applicant and the complainant due to which the applicant has returned all the amount to the complainant which he had extorted from the complainant, on account of his digital arrest. He would further submit that the applicant is in jail since 20.03.2025 and the conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and would submit that the present is a case of online fraud and digital arrest and co-accused namely Rizwan Ahmed bail application has also been rejected by this Court in MCRC No.4218 of 2025 vide order dated 30.06.2025 as such, the applicant may not be 3 released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly considering the nature and gravity of offence and also considering the fact that even if the applicant has returned back the extorted money to the complainant it would make no difference as prima facie it appears that the applicant had digitally arrested the complainant by giving threat with regard to involvement of his son in a rape case, which is not only against the complainant but also against the society at large as citizens are being targeted due to such offences which is at rise nowadays, Further co-accused namely Rizwan Ahmed bail application has also been rejected by this Court in MCRC No.4218 of 2025 vide order dated 30.06.2025, 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-Rifakat involved in Crime No.176/2025 registered at Police Station Basantpur, District- Balrampur-Ramanujganj (C.G.) under Section 303(2), 338, 336(3), 340(2), 308(6) and 3(5) of BNS and also under Sections 66(D), 66(C) of Information Technology Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice vaishali 4