1 2025:CGHC:61544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8362 of 2025 Panna Lal Sahu S/o Shree Liladhar Sahu Aged About 33 Years R/o House No.108, Near Bajrang Chouk Vill Parstarao P.S. And Tahsil Dharsiva, Dist- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Office, Police Station Civil Lines, District – Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Upadhyay, 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) of Telegraph Act. 2. As per the prosecution story in brief, is that on 26.06.2025, the Sub- Inspector, Civil Lines Police Station, Raipur, lodged the present First Information Report on the basis of information received from the Cyber Crime Coordination Centre (Samnway Portal), Ministry of Home Affairs, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Government of India. It is alleged therein that certain unknown accused persons, in furtherance of a criminal conspiracy, have fraudulently obtained unlawful monetary gain by misusing several mobile SIM numbers. During the course of enquiry, it has been revealed that as many as 41 SIM numbers were involved in such illegal activities. On the strength of the application received from the Cyber Police Station, Raipur, offences under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita (BNS) have been registered. It is further the case of the prosecution that in between 04.01.2024 and 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 18,52,654/- has allegedly been dishonestly obtained. The prosecution has alleged that the present applicant, along with other co-accused persons, was instrumental in the use of the said SIM cards and thereby deceived innocent persons to part with their money, which was subsequently misappropriated. On the basis of the aforesaid allegations, Crime No. 195/2025 has been registered at Civil Lines Police Station, Raipur, and the matter is pending investigation, and on the basis of the aforesaid story the aforesaid offences has been registered against the present applicant. 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 3 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 crime has been registered on the basis of credible inputs received from the Cyber Crime Coordination Centre (Samnway Portal), Ministry of Home Affairs, Government of India, disclosing a well-organized cyber fraud racket involving as many as 41 mobile SIM cards. The offences alleged are grave and economic in nature, committed in furtherance of a criminal conspiracy over a prolonged period, resulting in wrongful loss to innocent victims and unlawful gain of Rs.18,52,654/-. The investigation has revealed the active involvement of the present applicant along with other co-accused in procuring and utilizing the said SIM cards for commission of cyber fraud. The investigation is still at a crucial stage; release of the applicant at this juncture would seriously prejudice the ongoing investigation, with a real likelihood of tampering with electronic and digital evidence, influencing witnesses, and facilitating evasion by other conspirators. Considering the seriousness of the allegations, the modus operandi involving multiple SIM cards, the organized nature of the offence, and the larger societal impact of cyber crimes, the applicant does not deserve the discretionary relief of bail. 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. 4 6. In compliance of the Court’s order dated 16.10.2025, 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 16.10.2025 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 16.10.2025 and after hearing of this matter, the Hon'ble Court has been pleased to direct the concerned Investigating Officer to file his personal affidavit disclosing 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. That, the brief description of the case is 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 5 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. The total amount of cyber fraud money of Rs. 18,52,654/- has been found to be earned through cyber fraud by using the SIM Cards holders. A total of 41 SIM Card numbers have been used for obtaining money through cyber fraud. 6. That, as per the case of the prosecution, on 26.06.2025, the Sub Inspector, Police Station Civil Lines Raipur, lodged the present FIR on the basis of 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. 7. That, during the course of investigation, it has been revealed that, as many as 41 SIM numbers were involved in such illegal activities. 8. 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. 9. 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. 10. That, during the course of investigation, it has been found and revealed that, one Jio Company Mobile Number 7697089001, which is registered in the name of one Dileshwar Kumar Sahu, S/o Rajendra Kumar Sahu, resident of Dharsiwa, Raipur has been found and by using the aforesaid mobile number, one complainant has been cheated of Rs. 27,000/- through cyber fraud. Regarding 6 fraud using the aforesaid mobile number, it has been found that, the complainant Annu with Acknowledgement Number 31303240014778 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 7697089001, which has been activated by the present accused applicant Panna Lal Sahu S/o Leeladhar Sahu resident of House No. 108, Near Bajrang Chowk, Village Parastarai, Police Station Dharsiwa, Raipur and the same has been activated through the mobile numbers 7869742111 and 9755993300. 11. That, thereafter, a notice under Section 35 (3) of BNSS was given to the present accused applicant Panna Lal Sahu 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, 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. For the same reasons, the accused also took out a mobile number 7697089001 in the name of one Dileshwar Kumar Sahu @ Dabbu resident of Village Deori, who is mentally challenged, without their knowledge and sold it. The accused told that, he sold the said SIM card to Ramakrishna Kushwaha, resident of Maihar, Madhya Pradesh, currently residing in Birgaon, Raipur, Chhattisgarh whose mobile number is 7879539991 for Rs. 500/-. Similarly, he admitted selling around 40-50 SIM Cards to Ramkrishna Kushwaha. The search is ongoing as the said accused Ramkrishna Kushwaha is absconding. The present accused is reported to not have any additional SIM. He was also found to have no valid documents or licenses regarding selling SIM Cards under an Umbrella. He stated that, he spent the approximately Rs. 25000/- received for selling the additional SIM Cards for his daily use. 12. That, in the course of re-investigation of the case, evidence and involvement against the present accused applicant Panna Lal Sahu and 4 other accused was found to be attractive, hence, they were arrested and are lodged in 7 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. 13. 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 Civil Lines, 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 66 (C) of the Information Technology Act, 2000 and under Section 4 (3) of the Indian Telegraph Act, 1885. 14. 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. 15. 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. 16. That, the contents of the attached Affidavit at Paragraphs No. 01 to 15, 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 case diary, affidavit of the Investigating Officer and the memorandum statement of the applicant clearly indicate his active and conscious involvement in the commission of the alleged offences. The investigation reveals that the applicant was instrumental in illegally procuring, activating and selling a large number of mobile SIM cards without authority or valid documentation, which 8 were thereafter utilized by the co-accused persons for perpetrating cyber fraud upon innocent victims across different States of the country. It has further come on record that as many as 41 SIM cards were misused during the period from 04.01.2024 to 02.03.2025, through which a total amount of Rs. 18,52,654/- was dishonestly obtained by the accused persons, including a specific instance of Rs. 27,000/- traced directly to the SIM activated and sold by the present applicant. Taking into consideration the gravity of the offence, the enormous defrauded 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 – Panna Lal Sahu, 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) 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