1 2025:CGHC:53606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4740 of 2025 1 - Akesh Kumar Sahu S/o Punuram Sahu Aged About 30 Years Resident Of Village Bargaon, Police Station Nawagarh, District Janjgir-Champa (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through - The District Magistrate, District - Janjgir Champa, Through - Station House Officer, Police Station Nawagarh, District Janjgir Champa (C.G.) ... Non-Applicant For Applicant : Mr. Vivek Singhal, Advocate For Non-Applicant : Mr. Amit Verma, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 253/2025, registered at Police Station- Nawagarh, District : Janjgir-Champa (C.G.) for the offence punishable under Sections 420 r/w 34 of the IPC and under Section 66 (C) of the Information Technology Act, 2000. 2. As per the case of the prosecution, complaint was made by the complainant stating that applicant/accused, while operating his mobile shop namely, Akash Mobile Shop at Khairtal Chowk Village. He also worked as a retailer for Airtel Company SIM cards and was issued a code number to activate SIM 2 cards of Airtel Company. Applicant along with other co-accused used that code number to fraudulently activate SIM cards and sell them to various individuals, in order to commit a major financial fraud or cyber-crime. Further, it was alleged that in November, 2023 complainant met present applicant through his friend namely Firatram Dheevar who informed him that the present applicant is earning huge amount through online trading and after lapse of 8 months, the applicant returns the entire invested amount with profit, therefore complainant, upon the said pretext has provided Rs. 96,00,000/- to the present applicant through different modes on different dates. Thereafter, when the complainant demanded his money back, then the applicant refused to return the invested amount. On the basis of this complaint, the concerned police registered offences under Sections 420 r/w 34 of the IPC and under Section 66 (C) of the Information Technology Act, 2000 against the present applicant and other co-accused persons. After investigation and arrest of the applicant on 05.06.2025, police filed charge- sheet before the concerned Magistrate, prompting the present bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has no connection whatsoever with the alleged crime. It is further submitted that the essential ingredients of the offences under Sections 420 r/w 34 of the IPC and under Section 66 (C) of the Information Technology Act, 2000 are entirely missing in the instant case. There is a substantial delay in lodging the FIR, which further casts doubt on the veracity of the allegations. The applicant had though activated the SIM Cards, but there was no role played by the applicant for commission of such offence. Further the police authorities have not verified the identification and registration of the SIM Cards which were used for commission of such offences. He further submits that a bare perusal of the complaint would show that there is no material against the present applicant as was only a 3 shopkeeper who sold and activated the SIM Cards. It is further submitted that one of the co-accused- has already been arrested and another is absconding, however, it is admitted that the case of the present applicant is distinguishable to that of the co-accused. So far as criminal antecedents of the applicant are concerned, as per the deponent’s knowledge, no criminal antecedents are registered against the applicant. Lastly, the applicant has been in custody since 05.06.2025 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel for the State submits that the allegations against the applicant are serious and prima facie disclose criminality under Sections 420 r/w 34 of the IPC and under Section 66 (C) of the Information Technology Act, 2000. The applicant, in connivance with co-accused persons allegedly activated and sold SIM cards to different persons fraudulently and from those SIM cards, different offences were being committed. He further submits that in compliance with this Court's order dated 21.08.2025, whereby the Superintendent of Police, District – Janjgir - Champa, was directed to file personal affidavit indicating the 24 SIM Cards which were sold by the applicant from his shop; namely Akash Mobile, situated at Village Khartal Chowk were used in the cyber fraud or not and in this regard, the Superintendent of Police, District – Janjgir - Champa, has submitted his affidavit stating that after registration of the FIR, the information in respect to 24 fake SIMs have been obtained and the Customer Application Form (CAF in short) of the said SIMS were obtained wherein the name of the person in whose favour the said SIM were issued; father's name; full address; DOA; Temporary Address; State; Alternate Number; Connection Type; Point of Sale; mobile number; name of operator (AIRTEL) have been gathered and thereafter the issued mobile numbers were put on tracking with the cyber cell and the CDR/SDR were also sought. 4 5. It is further pleaded that, as per the report of the Cyber Cell the said 24 Fake SIMs’ and as per the CAF the mobile numbers issued in respect to the said 23 SIMS are switched off and the same have not been found in the commission of any other cyber offences whereas, in respect to 1 SIM having Mobile No.6232121347, one complaint of online financial fraud/Internet banking related fraud complaint has been registered at Chennai - CCB (Tamil Nadu) by complainant Nilesh having Mobile No. 9840030900, which is evident from the report of Indian Cyber Crime Coordination Centre. The investigation is pending and therefore, considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 6. I have heard learned counsel for State and perused the case diary. 7. Upon careful consideration of the submissions made by learned counsel for the applicant and the State, it is observed that the applicant has been in custody since 05.06.2025 and the investigation is pending. The allegations, as per the complaint that the applicant has activated and sold the SIM Cards, with no clear evidence of deliberate cheating or criminal intent on the part of the applicant as he was only a Shopkeeper and was selling the SIM Cards with the code provided to him. The co-accused has already been arrested and one is absconding and there is no material to suggest that the applicant is likely to tamper with evidence or influence witnesses. Considering the above, it appears just and reasonable to allow the applicant to be released on bail. 8. Accordingly, applicant- Akesh Kumar Sahu, involved in Crime No. 253/2025, registered at Police Station- Nawagarh, District : Janjgir-Champa (C.G.) for the offence punishable under Section 420 r/w 34 of the IPC and under Section 66 (C) of the Information Technology Act, 2000, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 5 (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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY