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2025 DAILYLAW 48490 (CHH)

MOHAMMAD SALIM v. STATE OF CHHATTISGARH

MCRC/8568/2025 · 2025-10-28

body2025

Judgment text

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1 2025:CGHC:52734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8568 of 2025 Mohammad Salim S/o Shri Abdul Sattar Aged About 23 Years R/o Village Khapri Tehsil Ghumka District - Rajnandgaon (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through - Station House O.cer, Kotwali District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Dinesh Yadav, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.10.2025 1. This is the second bail application 7led 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. 110/2025 registered at Police Station Kotwali, District – Rajnandgaon (C.G.), for the o=ence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 10.07.2025 passed in MCRC No. 4490 of 2025 on merits. 3. Prosecution story in brief, is that through the Letter No. Cyber ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.31 11:28:56 +0530 2 Cell/Raj/240/2025 dated 01.03.2025, issued by the Senior O.cer, information was received from the Coordination Portal of the Indian Cyber Crime Coordination Centre (I4C). The said portal serves as a comprehensive platform for police authorities to share information related to cybercrimes for investigative purposes. It identi7ed certain suspicious bank accounts that were allegedly used for receiving, utilizing, and laundering money obtained through cyber fraud. Relevant information was collected from the Coordination Portal, and it was revealed that a total of nine (09) bank accounts maintained in Bandhan Bank, Rajnandgaon Branch, District Rajnandgaon (IFSC Code: BOBL0001550) had received a total amount of Rs. 26,86,860/- from nine di=erent accounts between 01.01.2024 onwards, which were proceeds of cyber fraud. The account numbers are as follows: 20200041340043, 202000514983911, 20200046433113, 20200056830553, 20100027185586, 20200008028974, 20200051213773, 20200062300310, and 20200065100810. The account holders/bene7ciaries were found to be involved in utilizing the proceeds of cyber fraud. Necessary information was obtained, and e=orts were made to freeze the said accounts and take appropriate action against those assisting in the illegal transactions. It was observed that the accused persons knowingly engaged in concealing, transferring, and laundering the illicit money, being fully aware that it was acquired through dishonest or fraudulent means. Based on the information received from the Coordination Portal of the Government of India and the letter submitted by the Cyber Cell, a formal case was registered, and investigation was initiated against the suspicious account holders under the relevant legal provisions. That the present applicant, Mohammad Salim, holder of Bandhan Bank Account No. 20100027185586, was 3 taken into custody and thoroughly interrogated. During his memorandum statement, he admitted to having sold his bank account for Rs. 15,000/- to one Shiva David. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, on the grounds that during the course of the trial, the prosecution has examined key witnesses, namely Atma Ram Sahu, Tirath Sahu, Manoj Nishad, and Sanjay Sonkar, who were cited as memorandum and seizure witnesses. However, all these witnesses have not supported the prosecution case. He also submits that the there has been no recovery of any incriminating material, cash, or digital device from the possession of the applicant. The only allegation against the applicant is that he allegedly sold his bank account to co- accused Shiva David for Rs. 15,000/-, which is based solely on a purported memorandum statement, without any independent corroboration. He also submits that the applicant is in jail since 07.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as the seizure witness have been turned hostile, the same cannot be a ground for releasing the applicant on bail, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant - Mohammad 4 Salim, involved in Crime No. 110/2025 registered at Police Station Kotwali, District – Rajnandgaon (C.G.), for the o=ence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) Bhartiya Nyaya Sanhita, 2023, is rejected. 9. O.ce is directed to send a certi7ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek