Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:47793
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6387 of 2025 Sevak Ram Sahu S/o Bhukhau Ram Sahu Aged About 39 Years R/o Village Chikhali Kawardha, P.S. and Tahsil Kawardha District Kabirdham Chhattisgarh
... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station City Kotwali Mungeli, District Mungeli (C.G.)
... Non-Applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.09.2025
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.77/2025, registered at Police Station – City Kotwali Mungeli, District - Mungeli (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.18 18:53:56 +0530
2 a report at the concerned police station, alleging that on the date of the incident, unknown persons embezzled an amount of Rs.5,76,648/- through a bank account. Based on the complaint, the police registered a case under Sections 111, 317(2), 317(4), 317(5), and 3(5) of the Bhartiya Nyay Sanhita against unknown persons. After conducting an investigation, the police arrested the present applicant based on a memorandum statement. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the allegation made against the applicant by the complainant is false and baseless because the applicant has neither obtained any subject amount nor receiving any benefit of subject amount nor committed any aforesaid offence as alleged by the proseuction against him. He further submits that the applicant has no previous criminal antecedents. He further submits that the applicant is in jail since 21.03.2025, the charge-sheet has been submitted and further the trial is in progress and the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of bail. 4.
Learned State Counsel opposes the bail application and submits that the bail application of the co-accused persons, namely, Ishwar Singh Ghritlahre was rejected by this Court vide order dated 20.06.2025 passed in MCRC No. 2908/2025, therefore, the present bail application is liable to be rejected. 5. In compliance of the Courts’ order dated 29.08.2025, the Superintendent of Police, District - Mungeli, has filed his additional
3 affidavit disclosing the evidence collected against the applicant during the course of investigation. The relevant portion of the affidavit reads as under:-
4. That, during the investigation, the memorandum statements of the accused persons have duly been recorded wherein, it was revealed that, one of the accused Ishwar Ghritlahare made accused Sanjeev Jangde opened a bank account in Punjab National Bank by alluring him with the promise of getting a loan from the Bank vide Bank Account No.
2556002100010089. Thereafter, the said accused Ishwar Ghritlahare has sold the said bank account of Sanjeev Jangde to the present accused applicant Sevak Ram Sahu at Rs. 22,000/-. Thereafter, the present accused applicant Sevak Ram Sahu has sold the said bank account to another accused Surendra Sahu at Rs. 30,000/-. During investigation, it was found that, cyber crime money of Rs. 1,30,29,073/-was deposited/transacted in the said bank account. 5. That, during investigation, the accused persons have been found to be cheating through mule account. The subject case is currently under investigation and the other accused persons are being traced. 6. I have heard learned State Counsel and perused the documents available on record. 7.
Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in compliance of the Courts’ order dated 29.08.2025, the Superintendent of Police, District - Mungeli, has filed his additional
4 affidavit disclosing the evidence collected against the applicant which has been mentioned above, and the fact that the bail application of the co-accused, namely Ishwar Singh Ghritlahre, has already been rejected by this Court vide order dated 20.06.2025 passed in MCRC No. 2908/2025, and further considering that the present applicant, along with the co-accused persons, had provided their bank account numbers, Aadhaar cards, ATM cards, and mobile numbers to the upper-layer accused who was involved in the commission of the said fraud, which facilitated the online fraudulent transactions, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant - Sevak Ram Sahu involved in Crime No.77/2025, registered at Police Station – City Kotwali Mungeli, District - Mungeli (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti