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2025 DAILYLAW 52391 (CHH)

SUNIL KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/8657/2025 · 2025-11-25

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Judgment text

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1 2025:CGHC:57564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8657 of 2025 Sunil Kumar Sahu S/o Dwarika Prasad Sahu Aged About 22 Years R/o Village Ramanujnagar, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Ramanujnagar, District Surajpur Chhattisgarh ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.105/2025 registered at Police Station Ramanujnagar, District Surajpur (C.G.) for the offence punishable under Section 317 (4) of Bhartiya Nayaya Sanhita and Section 66 (D) of Information Technology GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.27 18:24:51 +0530 2 Act. 2. Case of the prosecution, in brief, is that on 30-07-2025, the information received for taking a legal action against the mule account and thereafter the details were obtained and it is alleged that the account which was in the name of father of applicant and the same was used by the applicant, amount of Rs.65,380/- received as a cyber fraud, out of which 25,000/- was hold and sum of Rs.29,000/- has been withdrawn through ATM and a sum of Rs.10,000/-has been transferred to Priyanshu Kaushal. On the basis of the money, which was transferred in the account of the father of applicant, the applicant has been arrested as the amount of cyber fraud has been transferred in the account of father of applicant, which was run by the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that even if the prosecution case is taken at its face value, no prima- facie material is available to show the applicant’s involvement in the alleged offence. He would submit that the applicant had only joined what he believed to be a part-time online task-based job, pursuant to links received on his mobile phone, and had shared his account details merely for receiving commission. It is argued that a total amount of Rs.65,380/- was transferred, out of which Rs.26,000/- was hold, and the remaining fraud amount is Rs.39,380/-. He would submit that charge sheet has been filed, the applicant is in jail since 31/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application 3 and he would submit that charge sheet has been filed in this case. He would submit that in compliance of the Court’s order dated 31/10/2025 concerned Investigating Officer has filed his personal affidavit wherein at para (c) of the affidavit it is stated that upon recording memorandum statement accused/applicant, he has stated that the account number 77101472694 of Chhattisgarh Rajya Gramin Bank, Branch Ramanujnagar and account number 3959057795 of Central Bank, branch Ramanujganj are running by him and the account number 922010030721199, which is in the name his father, in which, he has activated the mobile number 7610398540 and he was making transaction of money through his father's account number. He has stated that, he received offer of part time job through Telegram link, where, the phone pay number, account number and consumer code was demanded and then it is told that there is money of cyber fraud, which will be transferred on 20% commission, on which, he agreed and provided the phone pay number, account number and consumer code and on processing transaction of money of cyber fraud he is getting money day to day, which was being withdrawing by ATM or transferring to other's account number. Thus, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, further the fact that the applicant is alleged to have used his own and his father’s bank accounts to receive and route cyber-fraud money, having shared his account details and PhonePe number through a Telegram link in return 4 for a 20% commission, thereby he is involved in the organized crime, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Sunil Kumar Sahu involved in Crime No.105/2025 registered at Police Station Ramanujnagar, District Surajpur (C.G.) for the offence punishable under Section 317 (4) of Bhartiya Nayaya Sanhita and Section 66 (D) of Information Technology Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri