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2025 DAILYLAW 42113 (CHH)

ABHISHEK SHARMA v. STATE OF CHHATTISGARH

MCRC/7344/2025 · 2025-09-11

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Judgment text

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1 2025:CGHC:46903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7344 of 2025 Abhishek Sharma S/o Shri Narhari Prasad Sharma Aged About 22 Years R/o. 615/25, Hariom Traders, Pandri, District- Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Civil Line, Station House Officer, Police Station- Raipur, District- Raipur, Chhattisgarh. ... Non-Applicant(s) For Applicant : None. For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.09.2025 1 None appeared nor any representation made on behalf of the applicant to press this bail application on repeated calls. 2 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.129/2025, registered at Police Station – Civil Line, Station House Officer, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of B.N.S. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3 The case of the prosecution, in brief, is that according to the prosecution, a bank account No. 60486556079 with IFSC MAHB0002335 at Bank of Maharashtra, Raipur Branch was opened in the name of the applicant/accused, linked with mobile number 8962817559, in which a sum of ₹6,41,200/- was deposited. An online report of cyber fraud regarding a financial transaction of ₹5,000/- on 12.04.2024 was lodged by complainant Om Prakash and three others. It is further revealed that under the said IFSC code, 21 mule accounts were reported. The account statement of the accused from 03.04.2024 to 31.12.2024 shows that the account was opened on 03.04.2024 with an initial deposit of ₹2,000/- in the name of Abhishek Sharma (applicant/accused). From 12.04.2024 onwards, frequent and unusual financial transactions took place, with 20–30 transactions per day, including several credits and large lump-sum debits. This pattern continued regularly during April, May, and June 2024, indicating transactions of an extraordinary and suspicious nature. Thus, it appears that the applicant/accused carried out abnormal financial activities through the said account, which prima facie constitutes an organized crime through cyber fraud. Therefore, the applicant/accused is not entitled to the benefit of bail. 4 On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegation against the applicant is that he sold his bank account to one Aditya Thakur for a sum of Rs. 2,000/-, and handed over his ATM card and passbook kit, despite having knowledge that fraudulent money would be credited into the 3 said account. It is further submitted that an amount of Rs. 6,41,200/- was fraudulently deposited in that account. The act clearly reflects participation in an organized crime. Learned State counsel further submits that the bail applications of the co-accused persons, namely Anjukumar, Pradeep Jamulkar, Jaswant Nayak, and Ishika Singh, have already been rejected by this Court in MCRC Nos. 5248/2025, 5743/2025, 5088/2025, and 5467/2025, vide orders dated 08.07.2025, 23.07.2025, 02.07.2025, and 14.07.2025 respectively. Considering the nature of allegations, the organized manner in which the offence has been committed, and the increasing trend of such economic offences, it is submitted that the present applicant does not deserve the benefit of bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the allegation against the applicant is that he sold his bank account to one Aditya Thakur for a sum of Rs. 2,000/-, and handed over his ATM card and passbook kit, despite having knowledge that fraudulent money would be credited into the said account further an amount of Rs. 6,41,200/- was fraudulently deposited in that account and the act clearly reflects participation in an organized crime and also considering the fact that the bail applications of the co-accused persons, namely Anjukumar, Pradeep Jamulkar, Jaswant Nayak, and Ishika Singh, have already 4 been rejected by this Court in MCRC Nos. 5248/2025, 5743/2025, 5088/2025, and 5467/2025, vide orders dated 08.07.2025, 23.07.2025, 02.07.2025, and 14.07.2025 respectively. Considering the nature of allegations, the organized manner in which the offence has been committed and as such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find a fit case to released the applicant. 7 Accordingly, the bail application of the applicant – Abhishek Sharma, involved in Crime No.129/2025, registered at Police Station – Civil Line, Station House Officer, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of B.N.S, is rejected. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 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 Kunal