1 2025:CGHC:52318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6693 of 2025 Shishupal @ Neta S/o Mohan Ram Aged About 24 Years R/o Village- Fateh Sagar Pilwa, Police Station- Lohwat, District- Falodi (Rajasthan) At Present R/o Shivanchhi, Gate- Jodhpur, Police Station- Khanda Falsa, District Jodhpur (Rajasthan). ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Geedam, District- South Bastar Dantewada C.G. ... Non-applicant For Applicant : Mr. Navin Shukla Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.10.2025 1. This is the first bail application filed by the applicant under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 27/2025 registered at Police Station – Geedam District – South Bastar Dantewada (C.G.) for the offence punishable under Sections 318(4), 111(1)(3) of the BNS and Section 66(d) of the I.T. Act. 2 2. The prosecution case, in brief, is that the complainant, Bhupendra Telami, on 24.03.2025, lodged a written complaint at Police Station Geedam, District Dantewada (C.G.), stating that he had received a WhatsApp message from mobile number 8149831792 on his mobile number 9111457557 regarding a job opportunity. Upon responding, he was later contacted on 25.01.2025 by another number, 8837403052, where the caller, introducing herself as Kriti, claimed to work for “Good Guys Electric Company,” offering daily earnings between Rs. 1,200/- to Rs. 6,000/-. She sent him a registration link “thegoodguys&au&advsystem-com” along with a referral code. After registering, the complainant received Rs. 10,000/- in his wallet and was instructed to perform a demo task involving 20 tenders of electronic items. Upon completing the demo, his invested amount along with profit was transferred to his Axis Bank Account No. 910010035096891. Encouraged by this, the complainant deposited Rs. 10,000/- again as instructed and received a Telegram link where he was asked to contact a financial consultant (Mob. No. 7384799145). He was further instructed to transfer Rs. 10,000/- to a merchant account No. 20100035264401 of Bandhan Bank, and later Rs. 10,000/- each to Federal Bank Accounts No. 19640100170036 and 15940100229020, purportedly for tender openings. The profit continued to reflect in his online wallet, and he was later asked to make higher deposits for “superior products.” In total, the complainant deposited around Rs. 30,30,000/- including profits and investments while completing 40 tenders. When he tried to withdraw his profit, he was told to pay a “Security Verification Fee” of Rs. 15,15,000/-, for which he transferred Rs. 10,00,000/- to Federal Bank Account No. 99980127916349 and Rs. 5,15,000/- to Ujjwal Small Finance Bank Account No. 1102110120075264. Later, he was told his “credit score” was low and he must deposit another Rs. 9,00,000/- into various accounts, which he did. Subsequently, he was given another tender and upon completion, his total balance was shown as Rs. 70,66,975/-. 3 When he applied for withdrawal, the so-called financial consultant demanded Rs. 10,60,046/- as “VIP Channel Fee” and later Rs. 9,00,000/- more as “Cash Handling Charges.” The complainant, in total, transferred Rs. 61,06,592/- to different bank accounts on the directions of the fraudsters. When the amount was never refunded, he lodged the present complaint, upon which an offence under Section 318(4) of the BNS, 2023, and Section 66(d) of the IT Act was registered. After investigation, the police also added Section 111(1)(3) of the BNS, 2023, and filed the final charge-sheet before the Chief Judicial Magistrate, Dantewada (C.G.) 3. The applicant respectfully submits that he is an innocent person who has been falsely implicated in the present case. He is a resident of Rajasthan and has been residing in Jodhpur for the last five years in a rented house, preparing for competitive examinations while also engaging in online trading for the past two years. As per his memorandum statement dated 07.05.2025, the applicant came into contact with one Farukh, a resident of Uttar Pradesh, through the Telegram app, who, under the pretext of offering commission, sought bank details of various account holders. The applicant, with the assistance of co-accused persons namely Navratan Prajapati, Manish Vishnoi, and Balsa Vishnoi, provided such details to Farukh via WhatsApp and received commission in return. The prosecution alleges that the applicant, along with Navratan, provided bank account details belonging to co-accused Pemparam to Farukh; however, the applicant’s own bank details were never used in connection with the alleged offence. From the possession of the applicant, one Apple mobile phone and cash amounting to Rs. 1,50,000/- were seized, but there is no evidence that this amount is linked to the alleged crime. The applicant has no connection with the complainant’s bank account, which is an Axis Bank Account No. 910010035096891, and the prosecution has failed to produce any concrete or corroborative evidence establishing his involvement. It is further 4 submitted that there are a total of 22 accused persons in this case, of whom 10, including the applicant, have been arrested while 12 are absconding. One co-accused has already been granted bail by this Hon’ble Court in MCRC No. 4291/2025 vide order dated 30.07.2025 (Annexure A/3), and three other co-accused persons, namely Abhishek Gupta, Biram Ram Nayak, and Jitendra Mairotha, have been granted bail by the learned 2nd Additional Sessions Judge, South Bastar Dantewada, vide order dated 05.08.2025 (Annexure A/4). The final charge-sheet has already been filed before the learned Trial Court on 13.07.2025, and the trial is likely to take considerable time for completion. The only evidence against the applicant is his own memorandum statement, which merely reflects that he provided account details to Farukh in lieu of commission and does not establish any direct link to the complainant or the alleged fraudulent activity. The applicant has been in judicial custody since 07.05.2025, therefore, he prays that regular bail may kindly be granted to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court in the present case. He further submits that, in compliance with this Hon’ble Court’s order dated 25.08.2025, the Investigating Officer of the aforesaid case has submitted an affidavit stating that an FIR was registered at Police Station Geedam, District South Bastar Dantewada (C.G.), for the offences punishable under Sections 318(4) and 111(1)(3) of the BNS and Section 66(d) of the I.T. Act. In furtherance of the investigation, the police traced the money trail and a team led by Inspector Narendra Salam proceeded to District Dausa, Rajasthan, where one person, namely Pemparam, was arrested. He was found to be operating Bank Account No. 3754721230 of the Central Bank of India. Based on his memorandum, the police obtained a lead regarding the 5 involvement of the applicant, Shishupal @ Neta. Upon investigation, Shishupal @ Neta, a resident of Village Fattesagar, District Phalodi, Rajasthan, presently residing in Jodhpur and working as an online trader, disclosed that he had received messages through the Telegram app and later via WhatsApp from an unknown number (+85265773753) belonging to one Farukh, a person originally from Uttar Pradesh but currently residing in Dubai. He saved Farukh’s number as “Buyer No. 1.” Farukh offered him commission-based work involving the exchange of earnings from gaming apps and asked for various bank account details. The applicant confessed that he arranged multiple bank accounts in exchange for commission, sent the details to Farukh, and distributed the earned commission among others. On the basis of his memorandum, Rs. 1,50,000/- in cash and one Apple mobile phone containing SIM Nos. 9353180269 and +9779700801041, along with WhatsApp Business No. 9664459066, were seized from his possession, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and also taking into account that the applicant has no criminal antecedents, and that three co-accused persons, namely Jitendra Mairotha, Abhishek Gupta, and Biram Ram Nayak, have already been granted bail by the Trial Court, while one co-accused, namely Vaishali Padale, has been granted bail by this Court in MCRC No. 4291 of 2025 vide order dated 30.07.2025, and further considering that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 22.04.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that 6 the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Shishupal @ Neta , involved in Crime No. 27/2025 registered at Police Station – Geedam District – South Bastar Dantewada (C.G.) for the offence punishable under Sections 318(4), 111(1)(3) of the BNS and Section 66(d) of the I.T. Act, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the 7 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice vaibhav