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2025 DAILYLAW 381 (CHH)

GOUTAM PUNJABI v. STATE OF CHHATTISGARH

MCRC/9842/2025 · 2026-01-12

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9842 of 2025 1 - Goutam Punjabi S/o Shri Permannand Punjabi Aged About 28 Years R/o Sindhi Colony, Metharam, Pachoura, District Jalgaon (Maharashtra) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Khairagarh, Distt- Khairagarh-Chhuikhadan-Gandai C.G. ... Respondent For Applicant : Shri Ravindra Sharma, Advocate. For State : Shri Rishi Raj Pithawa, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 13.01.2026 1. This is first bail application seeking grant of bail to the Applicant who is in jail since 25.10.2025 in connection with Crime No.476/2025 registered at Police Station Khairagarh for the offence punishable under Sections 318(4), 319,111(2),61(B) of BNS, 2023, Section 66(D) of the IT Act and Sections 6 & 7 of The Chhattisgarh Gambling (Prohibition) Act, 2022. 2. As per prosecution case, on 15.10.2025 an FIR has been registered against the present applicant at Police Station Khairagarh for the offence under Section 66(D) of the Information Technology (Amendment) Act, 2008 and Section 318 of BNS, 2023 on the complaint made by the complainant Ku. Vasudha Sinha stating that she is a student of Pre. Ph.D at Indira Kala Sangeet Vishwavidyalay, 2 Khairagarh, on 22.08.2025 she punches Instagram App for shopping of Chickenkari clothes and then the person to whom she contacted in that Instagram App send a Q.R. Code for Rs.1000/- in the mobile phone of complainant and get it transferred in his bank account and thereafter he continuously got deposited Rs.64,100/- from the bank account of complainant to his own account. He still persists his demand to transfer the amount in his bank account and he will return the entire amount to complainant. Immediately the complainant made a complaint in dial No.1930 and then FIR has been registered. During investigation the present applicant was arrested on 25.10.2025 and his memorandum statement was recorded. From the present applicant one I-phone having two SIM Cards, 8 bank passbooks of different account of different persons, 11 ATMs of different account and one cheque book of another account holder have been seized from him. On the basis of his memorandum statement, other accused persons have been arrested and huge number of bank passbooks, ATM cards, laptop, mobile SIM Cards etc. have been seized. During investigation it was found that the applicant has framed a network throughout the country to cheat the persons through online mode and it is the applicant who is the main person who deputed other persons to work for him. After investigation, the charge sheet has been filed in which the applicant is claiming his regular bail. 3. Learned Counsel for the applicant would submit that there is no direct evidence against the applicant to connect him with the offence in question. It is only an electronic evidence which does not implicate the applicant directly as she is not the holder of mobile phone through which she connected. There is no evidence with respect to his 3 association with other accused persons. There is no direct connection for cheating or any conversation with the complainant and it is only on the basis of mobile network he has been implicated. No cash amount has been seized from the applicant and even no any bank account statement of the applicant has been seized by the police to show that any amount has been transferred in his bank account. Therefore, the applicant may be enlarged on bail as final adjudication of the case will take sometime. 4. On the other hand the counsel for the State opposes the bail application and have submitted that applicant is the key person who framed the entire network of online cheating and appointed various persons throughout the country to run the illegal activities of cheating through online mode. They provide QR code in mobile phones to collect money from the persons and once the person contacted for any purposes and made transaction, they catch them and siphoned their amount from their bank through illegal mode. From the memorandum statement of present applicant, various other accused persons have been arrested and huge number of laptops, mobile phone, passbooks, ATM cards and SIM cards have been seized and their network throughout the country has been disclosed. It is an organized crime in which the applicant is actively involved to cheat various persons. Even from the present applicant, number of passbooks and ATM cards have been seized for which there is no explanation as to how he found in possession of the same. Therefore, there is sufficient prima facie material that the applicant is involved in online cheating to the complainant and other persons and as such he is not entitled for bail. 4 5. I have heard the counsel for the parties and perused the material annexed with the bail application as well as case diary. 6. Considering the submissions made by the learned counsel for the parties, considering the nature of allegation and material collected during investigation and further considering the gravity of the offence and the allegation that the applicant along with other accused persons have made a syndicate and organized the entire network throughout the country to cheat various persons and also considering seizure of huge number of ATM cards, passbooks, mobile phones, laptop, SIM cards etc., I am not inclined to release the applicant on bail. 7. Accordingly, the application for grant of bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder