1 2025:CGHC:51667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6788 of 2025 Paritosh Manna S/o Nitai Manna Aged About 42 Years Present R/o Plot No. 56, Amalprasth Dev Kamti Kawatha, Upalwadi Nagpur Maharashtra, Present R/o Prem Nagar, Police Station Shanti Nagar, Nagpur, District - Nagpur, Maharashtra,. ... Applicant versus State Of Chhattisgarh Through Police Station Chalgali, District – Balrampur- Ramanujganj, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Suryapratap Yuddhveer Singh, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.10.2025 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. 21/2025 registered at Police Station – Chalgali, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 318(4) and 319(4) of the BNS, and Section 66(D) of the I.T. Act. 2. Case of the prosecution, in brief, is that the applicant was picked up on 04.07.2021 by a team led by Police Officer namely; Mr. Brijlal who RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 asked him about co-accused Samarth Damle, therefore petitioner took them to the residence of Samarth Damle situated in Lashkari Bag, Nagpur and thereafter Samarth Damle was also picked-up by the Police. The Police Officer Brijlal thereafter asked both of them about the alleged crime and when Police got convinced that, the applicant actually knew nothing about Scam and they took said Samarth Damle (Mobile No.9172546126 and 9049046874) to another room & questioned him about the case. Thereafter Samarth Damle's son Mohit (Mobile No. 8208250265) was called and Police Officers discussed him in Private and thereafter it was said that, Samarth Damle was suffering heart problem and his son Mohit took him away for hospitalization and thereafter Samarth Damle never returned. All these facts can be verified from the location and call records of the above-mentioned mobile phone numbers. Thereafter, the Police Officer Mr. Brijlal told this applicant that he is an important witness in the case therefore he has to come with them and they took his signatures on some papers and took him to Ramanujganj, Chhattisgarh but later applicant come to know that, the Police has arrested him as an accused person in the case. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. The applicant is in jail since 04.07.2025 and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application 3 and submits that from the perusal of the case-diary it transpires that As per the prosecution version, during the investigation of the Antofagasta App cyber fraud, the applicant was picked up on 04.07.2021 by a police team led by Officer Brijlal from Nagpur, who was in search of co-accused Samarth Damle. The applicant led the police to Damle’s residence at Lashkari Bag, Nagpur, where both were questioned regarding the scam. During interrogation, co- accused Samarth Damle was found to be directly involved in the fraudulent activities, operating through mobile numbers 9172546126 and 9049046874, while the applicant’s role also surfaced as being connected with him in facilitating financial transactions and handling communication related to the scam. The subsequent investigation, supported by call detail records and location data, revealed that the applicant was in continuous touch with the co-accused and was actively associated with the operation of the fraudulent network. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 26.09.2025, the Superintendent of Police, District – Balrampur-Ramanujganj, 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 Superintendent of Police, District Balrampur Ramanujganj (C.G.) and thus, duly authorized to swear this affidavit on behalf of the Non- Applicant/State in compliance of the Hon'ble Court's order dated 26.09.2025, passed in the instant case and as such fully conversant with the facts of the case. 4 2. That, the subject case came up for hearing before the Hon'ble Court on 26.09.2025 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 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 dated 26.09.2025, it is most humbly and respectfully submitted that, the complainant Abhishek Jaiswal has lodged a report before the Police Station Chalgali to the effect that, the promoters/operators of the Entofagasta App have cheated the complainant through the online app by luring him with more money from March, 2024 to September, 2024 and have defrauded him online of a total of Rs. 4,84,200/- and other villagers have also been defrauded of Lacs of Rupees. On the report of the complainant, a Crime has been registered against the unknown fraudsters and investigation is being carried out. 4. That, during the course of investigation, it has been found that, the villagers have been defrauded of a total amount of Rs. 20,81,827/-. The statements of the concerned villagers have duly been recorded wherein, they have categorically stated that, in order to promote the App, the applicants used to call through Whatsapp from Mobile Number 7744965289 and 7761003332 and lured them into investing money. The CDR and CAF of the said mobile numbers were obtained from the cyber cell and the unknown fraudsters were traced. Their location was found to be in Nagpur, Maharashtra. The Police Team went to Nagpur and summoned Paritosh Manna, Holder of Mobile Number 7744965289 and interrogated him wherein, he told that, he alongwith Samarth Damle (present accused applicant) used to open current account in his name and in the name of other people in various banks in the name of the Firm. He used to go to Delhi and Lucknow, Uttar Pradesh and provide the bank accounts, cheque books and other documents to a person named Nitesh. During the investigation, the Samarth Damle was summoned for questioning at Panchpavli Police Station, Nagpur, but he did not cooperate with the investigation citing ill health and when he was taken to the Hospital for health check up, the Medical Officer admitted him due to which, a 5 notice was issued to him and he was advised to report to Chalgali Police Station, however, the said Samarth Damle has not appeared at Police Station Chalgali till date and is not cooperating in the investigation of the case. statement of the present accused applicant may lead to the main accused and the accused Paritosh Manna's memorandum statement has been found to be involved in the crime and important information is to be obtained by questioning him. The investigation in the case is ongoing. 5. That, during investigation, the memorandum statement of the accused Paritosh Manna has duly been recorded wherein, he has deposed in this memorandum statement that, he has been living at Nagpur, Maharashtra on rented house since last 15 years and working as Tent Decorator. In the year 2019, he met the accused Samarth Damle from Nagpur, he needed money, so he asked the accused Samarth Damle to arrange a loan for him then, he went to the Bank with the accused Samarth Damle, but his loan was not approved. One day in 2024, the accused Samarth Damle told him that, if he needs money, he can tell you what your job is and when he asked, he said that, he knows one Saurabh from Delhi, who takes current accounts in the name of firms for online gaming and betting and pays handsomely. Then, he agreed and opened a current account with State Bank of India in the name of his firm Paritosh Construction and from online net café, he obtained Gumastha and business based documents. After opening the aforesaid bank account, he went to Delhi from Nagpur by train where, he met Saurabh in a hotel and he gave his bank account ATM and SIM Card Mobile Number 7249342993, registered in the said account to Saurabh, then Saurabh left the Hotel, but Saurabh did not give him any money. Then, they both came back to Nagpur. He came to Nagpur and got his SIM card which he had given to Saurabh deactivated and got another one. Then Saurabh called him on his Whatsapp Number and after 10-15 days, Saurabh came to Nagpur and met him and gave Rs. 10,000/-, then he gave his State Bank account ATM and PIN. After that, he went to IDBI Bank and opened an account in the name of Paritosh Construction and gave the account number to Samarth Damle for which, Samarth Damle did not give him any money. 6. It is further deposed by the accused Paritosh Manna in his memorandum statement that, thereafter, one day, 6 suddenly a person from Mobile Number 8336858287 gave him a normal call on his mobile and said that, he is Nitesh from Lucknow and works in gaming and betting and he needs a current account and you will get double the commission, so he agreed, then he opened an account with Canara Bank under the name of Paritosh Construction and he flew alone from Nagpur to Lucknow with his account, the said Nitesh had booked the flight tickets and when he arrived at Lucknow, a bike from Airport took him to a hotel and he stayed there 2-3 days. There, he met a man named Shamir, he introduced himself as a resident of Bihar, he also came to Nitesh with an account and worked with him. Shamir stayed in Lucknow longer than him. Shamir Nitesh and he and Samarth Damle all played online games using mobile phones and laptops and Nitesh paid him commissions for the money. They also used to invest money through the aforesaid app, he used to get calls on his mobile number 7744965289 through Whatsapp, he used to talk to them and they used to lure him to invest money. He stayed in Lucknow for 3-4 days and came back to Nagpur. After coming to Nagpur, he told this to Samarth Damle and he also went to Lucknow with him, in this way, he and Samarth Damle went to Lucknow from Nagpur 4-5 times, apart from their own accounts, they both also got accounts opened for their acquaintances Mukesh Thorat, Mahajan, Shankar and took their SIM cards, ATM, cheque books and gave them to Nitesh in Lucknow. Samarth Damle has given his account in the name of Samarth Construction to Nitesh. Nitesh mostly used to talk through Whatsapp calls, he, Samarth Damle, Nitesh, Saurabh and Shamir all together used to make people invest money through online gaming by luring them with the promise of more money from which, they used to return some money, so that, more people could also join, in this way, they used to cheat online and he had received around Rs. 6 Lacs as commission, which he had spent. 7. That, the details of the accounts opened in the name of firm namely Paritosh Construction by the accused persons with connivance with the present accused applicant for receiving the defrauded money through online gaming and betting, which is also in the Pan Drive and is a part of the Case Diary, are as under: - 8. That, all the accused persons have been found to be involved in the online cyber fraud and embezzlement of the huge bank amount by committing illegal transactions 7 of the huge defrauded amount and the same has been embezzled by doing criminal conspiracy by them. 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 11, 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. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary it is revealed that the applicant is actively involved in the commission of a large-scale cyber fraud committed through the “Antofagasta App”, wherein the complainant Abhishek Jaiswal and several other villagers were deceitfully induced to invest money between March 2024 and September 2024, resulting in a total defrauded amount of Rs.20,81,827/-. The investigation discloses that the applicant, in connivance with co-accused persons, opened and operated several bank accounts in fictitious names to receive and circulate the said defrauded money under the guise of online gaming and betting. Considering the gravity and economic magnitude of the offence, the organized modus operandi adopted by the accused, the active complicity of the applicant, as it appears to be an organized cyber crime, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8 8. Accordingly, this first bail application of applicant – Paritosh Manna involved in Crime No. 21/2025 registered at Police Station – Chalgali, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 318(4) and 319(4) of the BNS, and Section 66(D) of the I.T. Act, is rejected at this stage. 9. Needless to say that the concerned trial Court 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 Rajshekhar