1 2025:CGHC:61545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8991 of 2025 Ashish Singh S/o Shri Rajendra Singh Aged About 29 Years R/o H. No. 637, Ward No. 16, Maa Sheetla Nagar, Ekta Public School, Urkura, Distt. Raipur, Chhattigarh. ... Applicant versus State Of Chhattisgarh Through P.S. Civil Line, District – Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Achyut Tiwari, Advocates. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 17.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 290/2025, registered at Police Station – Civil Lines, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2),(4),(5), 111 and 3(5) of BNS and Section 42(3)(e) of Telegraph Act. 2. As per the prosecution story in brief, is that the complainant, on 26.06.2025, information received from the Indian Cyber Crime Coordination Centre Portal, Ministry of Home Affairs, Government of India revealed that 41 mobile SIM numbers were used to commit cyber fraud and obtain illegal funds. Based on this, the Cyber Police Station, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Raipur initiated legal action. During investigation it shows that these SIM cards were used to contact victims and deceitfully induce them to transfer money, thereby causing wrongful loss to the public and unlawful gain to the accused persons. The SIMs were allegedly procured using forged documents and misused for organized cyber fraud activities. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case, and there is no evidence on record to prove that the applicant is involved in the online fraud. It is further submitted that the allegations are based entirely on the false allegations, and no directed evidence connects the applicant to the alleged crime. It is further submitted that there is no any previous criminal antecedents of the applicant, and the applicant is in jail since 02.09.2025, and the trial is likely to take quite long time, hence, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the prayer for grant of bail to the applicant and submitted that complainant received information on 26.06.2025 from the Indian Cyber Crime Coordination Centre Portal, Ministry of Home Affairs, Government of India, revealing that 41 mobile SIM numbers were used in the commission of cyber fraud to generate illegal proceeds. Acting upon the said information, the Cyber Police Station, Raipur initiated legal action. The investigation discloses that the said SIM cards were systematically used to contact unsuspecting victims and deceitfully induce them to transfer money, resulting in wrongful loss to the public and corresponding unlawful gain to the accused persons. It is further revealed that the SIM cards were 3 procured on forged documents and were deliberately misused as part of an organized cyber fraud operation. Therefore, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. In compliance of the Court’s order dated 10.11.2025, the Investigating Officer of the subject Crime Number, Police Station Range Cyber, Raipur, District – Raipur (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under: “1. That, I am posted as the Investigating Officer of the subject crime number, Police Station Range Cyber, Raipur, District Raipur (C.G.) and duly authorized to swear this affidavit on behalf of the Non Applicant/State in compliance of the Hon'ble Court's order dated 10.11.2025 and as such fully conversant with the facts of the case. 2. That, the subject case came up for hearing before the Hon'ble Court on 10.11.2025 and after hearing of this matter, the Hon'ble Court has been pleased to direct the concerned Investigating Officer to file his personal affidavit in the case showing the evidence collected during the course of investigation against the applicant. Therefore, in compliance whereof, the instant affidavit is being 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 and by filling the information of mobile numbers and bank accounts used in cyber fraud. 4 4. That, the Ministry of Home Affairs, Government of India has established a Cyber Crime Reporting Portal to prevent cyber crime in India. Victims of cyber crime can report online by detailing their cyber fraud, including the mobile number and bank account used in the fraud. These are the bank accounts used by cyber crime offenders to launder fraud proceeds. 5. That, as per the instruction received from the higher authorities, the information related to the such mobile SIM numbers which have been used for obtaining illegal money through cyber fraud, was collected from the Coordination Portal of Indian Cyber Crime Coordination Centre operated by the Ministry of Home Affairs, Government of India, which is a comprehensive guide for sharing information of cyber crime for investigation purpose to the Police. 6. That, a brief description of the case is that, as per the instructions received from the higher authorities, the information was collected from the Coordination Portal of the Indian Cyber Crime Coordination Centre, operated by the Ministry of Home Affairs, Government of India, which is a comprehensive guide for sharing information on cyber crime for police investigation purposes, regarding mobile SIM numbers used for cyber fraud and obtaining illegal funds. A total of 41 SIM numbers including 9202448996 were used for fraudulent purpose from 04.01.2024 to 02.03.2025. The SIM holder of the above mentioned SIM card generally engaged in the above activities and obtained illegal funds through cyber fraud. Having reason to believe that, such property can be acquired illegally, they have been found to be involved in the fraudulent activities. These numbers have been used to contact the complainants/victims and mislead them with the hope that, the they will transfer the money. Information about the SIM numbers was obtained through the Coordination Portal of the Government of India. 7. That, as per the case of the prosecution, the information received from the Cyber Crime Coordination Portal, Ministry of Home Affairs, Government of India to the effect that, certain unknown accused persons, in furtherance of a criminal conspiracy, have fraudulently obtained unlawful monetary gain by misusing several mobile SIM Numbers. 5 8. That, during the course of investigation, it has been revealed that, as many as 41 SIM numbers were involved in such illegal activities. 9. That, on the basis of the application received from the Range Cyber Police Station Raipur, the offences under Sections 317 (2), 317 (4), 317 (5), 111 and 3 (5) of the Bhartiya Nyay Sanhita, 2023 have been registered against the accused persons. 10. That, during the course of investigation, it was revealed that, between the period from 04.01.2024 to 02.03.2025, the aforesaid SIM Numbers were utilized for the purpose of committing cyber fraud and by such fraudulent means, a total sum of Rs. 18,52,654/- has been dishonestly obtained by the accused persons. It is further revealed that, the present accused applicant alongwith other accused persons, were instrumental in the use of the aforesaid SIM Cards and thereby deceived innocent persons/people to part with their money, which was subsequently misappropriated. 11. That, during the course of investigation, it has been found and revealed that, one Jio Company Mobile Number 9202448996, which is registered in the name of one Anarbai Nand Kumar Gitlahare W/o Nandkumar Gitlahare, resident of Tiwari Complex, Budhwari Bazar, Birgaon, Raipur has been found and by using the aforesaid mobile number, one complainant has been cheated of Rs. 1,03,370/- through cyber fraud. Regarding fraud using the aforesaid mobile number, it has been found that, the complainant Arvind Prasad Yadav and other with Acknowledgement Number 30502250011560 has used it in cyber fraud in the Cyber Crime Portal/1930 of Ministry of Home Affairs, Government of India. The Jio Company Mobile Number used in the incident is 9202448996, which has been activated by the present accused applicant Ashish Singh and the same has been activated through the mobile numbers 7000658703 and 8225943889. 11. That, thereafter, a notice under Section 35 (3) of BNSS was given to the present accused applicant to submit a satisfactory reply and subsequently, his memorandum statement has been taken wherein, after duly questioning him in the presence of witnesses, he has categorically deposed that, he is resident of Dharsiwa area and sells SIM Cards of mobile service provider companies Airtel, 6 Vodafone, Idea by roaming around in every village with an umbrella. The accused sells both e-KYC and D-KYC SIM Cards. The accused used to take out additional SIM Cards from customers who came to buy SIM Cards, using their Thumb impression and Aadhar Cards, without their knowledge in addition to the SIM card, they already had and keep it with himself. 12. That, in the memorandum statement, the accused has categorically deposed that, he used to take out additional SIM cards from the customers who came to buy SIM cards, using their thumb and Aadhar cards, without their knowledge and kept them with himself. After activating those SIM cards, he used to sell them of different companies to one accused Ramakrishna Kushwaha, Mobile Number 7879539991 and Krishna, Mobile Number 7999909243 working in SKS Ispat Company at the rate of Rs. 180 per SIM card. Similarly, around 400 SIMs were taken out without the knowledge of the customers and given to the aforesaid accused persons. 13. That, in the course of investigation of the case, evidence and involvement against the present accused applicant and other accused was found to be attractive, hence, they were arrested and are lodged in Central Jail, Raipur on judicial remand. There is a strong possibility that, the accused in this case will abscond upon receiving bail and may influence and mislead witnesses in the case. 14. That, the present accused Applicant has been arrested by the police of Police Station Civil Lines, Raipur on 02.09.2025; in connection with Crime No. 290/2025, registered at Police Station Range Cyber, Raipur, District Raipur (C.G.) against the accused Applicant and other accused persons for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 111 and 3 (5) of the Bhartiya Nyay Sanhita, 2023 and under Section 42 (3) (e) of the Telegraph Act. 15. 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. 16. That, the Deponent has highest regards to the orders & directions passed by the Hon'ble Court from time to time and 7 as & when, any further direction be made by Hon'ble Court, the same will be complied with in its true spirit. 17. That, the contents of the attached Affidavit at Paragraphs No. 01 to 16, 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. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the applicant was actively and consciously involved in a well-organized and systematic cyber crime syndicate, wherein a total of 41 mobile SIM cards were illegally procured, activated and misused during the period from 04.01.2024 to 02.03.2025 for the purpose of committing cyber fraud. The said illegal activities resulted in a total defrauded amount of Rs. 18,52,654/-, affecting innocent victims across different regions. More particularly, the role of the present applicant has surfaced in respect of Jio Mobile No. 9202448996, through which a complainant was cheated of Rs. 1,03,370/-, and the said SIM was admittedly activated and supplied by the applicant. The memorandum statement of the applicant further reveals a deliberate modus operandi of fraudulently obtaining additional SIM cards by misusing Aadhaar credentials and thumb impressions of unsuspecting customers, without their knowledge, and thereafter selling such SIM cards in bulk to co-accused persons for monetary gain. The applicant has admitted that approximately 400 SIM cards were illegally procured and supplied in this manner, which establishes not only his direct involvement but also his knowledge and intent in facilitating cyber fraud on a large scale. Taking into consideration the gravity of the offence, the enormous defrauded 8 amount, the ongoing investigation and the clear possibility that the applicant may abscond, influence witnesses, or re-engage in similar criminal activities if released on bail, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this first bail application of applicant – Ashish Singh, involved in Crime No. 290/2025, registered at Police Station – Civil Lines, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2),(4),(5), 111 and 3(5) of BNS and Section 42(3)(e) of Telegraph Act, is rejected at this stage. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan