1 2025:CGHC:50157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7524 of 2025 Sheikh Suraj Baba S/o Sheikh Ali Khan Baba Aged About 30 Years R/o Ravlapotta, Mandapeta, East Godawari Andhra Pradesh. ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Gudhiyari, District : Raipur, Chhattisgarh ... Respondent For Applicant : Ms. Anamika Jain, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 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.268/2025 registered at Police Station Gudhiyari Dist- Raipur C.G. for the offence punishable under Sections 318 (4), 3 (5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:42:21 +0530 2 2. As per the prosecution story, the complainant Hemant Kumar Jain lodged a written complaint at Police Station Gudhiyari, Raipur, alleging that he had seen an advertisement on Google related to “BN Rathi Securities Limited.” Being lured by the promise of high profits on investment, the complainant contacted the numbers mentioned in the advertisement — 9827635659, 7091463928, and 7635036173 — and was subsequently added to a WhatsApp group by the accused persons who induced him to invest money in the share market. Believing their representations, the complainant invested various amounts on different dates, totaling Rs.2,65,90,000/-. When he later contacted the actual company’s office at Hyderabad, he was informed that no such investment was ever made with them, revealing that he had been defrauded. During investigation, two bank accounts were found to be used in the fraudulent transactions — (i) IndusInd Bank A/c No. 201032463052, and (ii) IDFC Bank A/c No. 10079924518. On verification, it was revealed that the IDFC Bank account stood in the name of “Good Dream Enterprises”, and the KYC documents of this account were found to be in the name of the present applicant, Sheikh Suraj Baba. Further inquiry disclosed that other bank accounts used in the offence belonged to co-accused Nagendra Kumar and Priyank Jitendra Kumar Bramhabhatt. Accordingly, the applicant was arrested by Police Station Gudhiyari, Raipur in FIR No. 268/2025, and the investigation is ongoing. 3. Learned counsel for the applicant submits that the present case is of civil nature as it is related to transactions, trading and recovery and the 3 applicant has not committed any crime like fraud. She would submit that the applicant has not committed any fraudulent act, he had already sold his bank account (A/c No. 10079924518, IDFC Bank) to his friend Naresh Bhai for a consideration of Rs.30,000/-, after which Naresh was solely operating the said account. The applicant had no knowledge or control over the subsequent transactions conducted through it. She would submit that the applicant has been falsely implicated in the case. There has been no seizure of any incriminating material, money, or instrument from his possession. She would submit that charge sheet has been filed, the applicant is in jail since 23/06/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application 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 18/09/2025, the Superintendent of Police has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 18/09/2025, Senior Superintendent of Police, Raipur Shri Lal Umed Singh has filed his personal affidavit which reads as under:- “xxx xxx xxx 2.That, the subject case came up for hearing before the Hon'ble Court on 18.09.2025 and after hearing of this matter, the Hon'ble Court has been pleased to direct the concerned Superintendent of Police to file his personal affidavit disclosing the evidence collected against the applicant during the course of investigation. Therefore, in compliance whereof, the instant affidavit is being 4 filed before this Hon'ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon'ble Court's order, it is most humbly and respectfully submitted that, the Government of India, Ministry of Home Affairs, has created a Cyber Crime Reporting Portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them, filling in the information of mobile numbers and bank accounts used in cyber fraud. 4.That, these are the bank accounts used by cybercrime offenders to launder fraud proceeds. Through coordination with the Cyber Crime Reporting Portal, a valid acknowledgement Number 33305250011641 was received and the account of the accused bank account holder was put on hold/leaned. The applicant stated that, on 25.02.2025, while searching on his mobile, he saw an advertisement of "Bn Rathi Securities Company" on Google Ads which was luring him with attractive returns on investment. The applicant clicked on the advertisement and reached the company's website. The company added the application to a Whatsapp Group, where he received a link to Bn Rathi Company and the company representatives called him from various numbers, encouraging him to invest. The applicant, falling into their trap, was duped of approximately Rs. 2,65,900/- from 12.03.2025 to 30.04.2025 as per their instructions in various bank account. That, on the applicant's written application, prima facie, the crime under Sections 318 (4) and 3 (5) of the B.N.S., 2023 was found to have been committed in Gudhiyari Police Station of Raipur District and hence, the crime was registered and the matter was taken into investigation. Its further investigation is being done by the Range Cyber Police Station, Raipur. There are 15 complaints have been made by the various complainants against the aforesaid bank account numbers of the present accused applicant. 5.That, during the course of investigation, it was found that, the accused had deposited Rs. 15 Lacs on 22.04.2025 and Rs. 10 5 Lacs on 24.04.2025 in the Bank Account Number 10079924518 in the Good Dream Firm by deceiving the applicant Hemant Kumar Jain. 6.That, during the course of investigation, a report was sent to the concerned Bank for information about the accused bank account holder IDFC Bank Account Number 10079924518, the said bank account is in the name of Good Deam Firm and in KYC the accused is Sheikh Suraj Baba, Mobile No. 9666709853 and its Aadhar Card, PAN card and other documents were provided by the said Bank. A notice under Section 35 (3) of the BNSS was sent to the accused through post and alongwith it, a police team was also sent which appeared voluntarily at Range Cyber Police Station Raipur on 09.06.2025 and after questioning the accused about his involvement in the crime and the amount received, a formal memorandum statement was taken in the presence of the witnesses in which, he has stated that, about 4 years ago, he opened a current account of his firm in the name of Good Dream at IDFC Bank. His acquainted person Ajay of his village introduced him to one Naresh Bhai resident of Kukadpalli, Hyderabad, Andhra Pradesh, his mobile numbers are 9390490288 and 7799253467. Gradually, they became friends. The said Naresh Bhai told him that, if he had a current account, give it to him and he would given him Rs. 30000, then he gave his bank account, mobile number registered in the account and other documents. He has spent Rs.30000 received from Naresh Bhai in exchange for the account for his daily needs. The said bank accounts and other documents are with Naresh Bhai. 7. That, the complainant has made online complaint at Coordination Portal of Cyber Crime Portal of the Ministry of Home Affairs, Government of India vide Acknowledgment No. 33305250011641 regarding online financial fraud committed by the accused. 8.That, in compliance of the Hon'ble Court's direction, it is most humbly and respectfully submitted that, the present accused applicant has been arrested on 09.06.2025 by the police of 6 Range Cyber Police, Raipur in connection with Crime No. 268/2025, registered at Police Station Gudhiyari, Raipur, District Raipur (C.G.) against the accused applicant and other accused persons for the offence punishable under Sections 318 (4) and 3 (5) of the Bhartiya Nyay Sanhita, 2023. 9.That, the Deponent herein is duty bound to adhere and comply with the direction issued by this Hon'ble Court from time to time and it shall be his most sincere endeavour to ensure implement action with the coordination of the Police Officials as early as possible. 10. That, the Deponent has highest regards to the orders & directions passed by the Hon'ble Court from time to time and as & when, any further direction be made by Hon'ble Court, the same will be complied with in its true spirit. 11. That, the contents of the attached Affidavit at Paragraphs No. 01 to 10, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 7. From perusal of the affidavit filed by the Superintendent of Police goes to show that during investigation a report from IDFC Bank revealed that Account No.10079924518 is in the name of Good Dream Firm, with applicant Sheikh Suraj Baba (Mobile No. 9666709853) as the account holder, his KYC documents (Aadhaar, PAN, etc.) were provided by the bank. A notice under Section 35(3) BNSS was sent, and the accused/applicant appeared before Range Cyber Police Station, Raipur, on 09.06.2025. In his memorandum statement, he admitted that about four years ago, he opened a current account for his firm “Good Dream.” Later, an acquaintance, Ajay, introduced him to Naresh Bhai of Kukatpalli, Hyderabad, who offered Rs.30,000/- in exchange for using his account. The accused/applicant handed over 7 the account, registered mobile number, and documents to Naresh Bhai and used the money for personal expenses. Taking into consideration the nature of allegation levelled against the applicant that he had opened a current account in the name of Good Dream Firm and later sold it, along with related documents and mobile number, to Naresh Bhai of Hyderabad for Rs.30,000/- thereby enabling misuse of the account and the modus operandi reflects a well-orchestrated and large- scale financial fraud committed through digital platforms, causing substantial monetary loss and public harm, thus involvement of the applicant in the alleged offence appears to be reasonable and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, the bail application of applicant Sheikh Suraj Baba involved in Crime No.268/2025 registered at Police Station Gudhiyari Dist- Raipur C.G. for the offence punishable under Sections 318 (4), 3 (5) of BNS, is rejected. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri