1 2025:CGHC:51666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1440 of 2025 Samarth Damle S/o Late Rajaram Damle Aged About 57 Years New Nakashalashkaribagh, Nagpur, Maharashtra ... Applicant versus State Of Chhattisgarh Through P.S. Chalgali, District – Balrampur- Ramanujganj, Chhattisgarh. ... Non-applicant For Applicant : Mr. Palash Rajani, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 16.10.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 21/2025, registered at Police Station – Chalgali, District – Balrampur- Ramanujganj (C.G.) for alleged commission of offence punishable under Sections 318(4) and 319(2) of the BNS and Section 66(D) of the Information Technology Act, 2000. 2. As per the prosecution story in brief, is that the complainant Abhishek Jaiswal alleged that the promoters/operators of “Antofasata App” defrauded him and other villagers between March 2024 to September RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 money through online investment, the total alleged fraud amounts to Rs. 20,81,827/-, during the investigation, mobile number 7744965289 and 7761003332 were traced, leading to identification of one Paritosh Manna, who allegedly stated that he helped open accounts in Lucknow for one Nitesh at the behest of the 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 in the guise of online gaming and betting. It is further submitted that the allgations are based entirely on hearsay evidence from one Paritosh Manna, 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. Hence, this application. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that the complainant Abhishek Jaiswal alleged that the promoters/operators of “Antofasata App” defrauded him and other villagers between March 2024 to September money through online investment, the total alleged fraud amounts to Rs. 20,81,827/-, during the investigation, mobile number 7744965289 and 7761003332 were traced, leading to identification of one Paritosh Manna, who allegedly stated that he helped open accounts in Lucknow for one Nitesh at the behest of the applicant. Therefore, the present anticipatory 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. 3 6. In compliance of the Court’s order dated 24.09.2025, 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 18.09.2025, passed in the instant case 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 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 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 18.09.2025, 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 Antofagasta 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 4 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, 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 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. The 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, 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 of the huge defrauded amount and the same has been embezzled by doing criminal conspiracy by them. 6. 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. 7. 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. 8. That, the contents of the attached Affidavit at Paragraphs No. 01 to 07, 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 complainant Abhishek Jaiswal alleged that the promoters/operators of “Antofasata App” defrauded him and 5 other villagers between March 2024 to September money through online investment, the total alleged fraud amounts to Rs. 20,81,827/-, during the investigation, mobile number 7744965289 and 7761003332 were traced, leading to identification of one Paritosh Manna, who allegedly stated that he helped open accounts in Lucknow for one Nitesh at the behest of the applicant, and the investigation has thus revealed a well-planned criminal conspiracy involving multiple accused persons, who have cheated several victims of lakhs of rupees through online fraudulent transactions, causing substantial financial loss to the public. The applicant’s non- cooperation, evasive conduct, and deep involvement in the operational and financial aspects of the fraud demonstrate his active role in the commission of the offence, thus, I am not inclined to grant anticipatory bail to the applicant. 8. Accordingly, the Anticipatory Bail application of the applicant – Samarth Damle, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 21/2025, registered at Police Station – Chalgali, District – Balrampur-Ramanujganj (C.G.) for alleged commission of offence punishable under Sections 318(4) and 319(2) of the BNS and Section 66(D) of the Information Technology Act, 2000, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar