Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:54622
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1728 of 2025 Mahir S/o Shri Vijay Aged About 23 Years R/o K-69, J. J. Camp, Tigri, South Delhi, Delhi
... Applicant versus State Of Chhattisgarh Through Police Station Pandri, District Raipur (C.G.)
... Respondent For Applicant : Shri Vaibhav P. Shukla, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 10/11/2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.163/2024, registered at Police Station Pandri, District Raipur (C.G.) for alleged commission of offence punishable under Sections 420 and 34 of Indian Penal Code and Section 66D of Information Technology Act, 2000. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:40:31 +0530
2
2. Case of the prosecution, in brief, is that the complainant, Dr. Sunil Kumar Dewangan, was induced through fraudulent advertisements on Facebook to invest in share market and gold trading schemes via fake mobile numbers and online applications — https://h5.baincapital.shop and https://wap.gbbgold.in. The complainant deposited a total sum of Rs.3,62,00,000/- between January 2024 and March 2024 into various bank accounts as advised by the accused persons. Investigation revealed that Rs.10,00,000/- of the cheated amount was credited on 19.02.2024 to Bank Account No. 259311543687, belonging to the present applicant, linked with mobile number 9311543687. Despite notice dated 02.09.2024, the applicant did not cooperate with the investigation. The applicant is alleged to be a beneficiary of the fraudulent transactions and has been found involved in similar 18 criminal cases registered across several States, including Delhi, Haryana, Kerala, Maharashtra, Andhra Pradesh, Madhya Pradesh, Gujarat, Karnataka, and Tamil Nadu. Accordingly, FIR No. 163/2024 was registered at Police Station Pandri, Raipur, for offences under Sections 420 and 34 of the IPC.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case merely on the basis of a bank account number in which certain fraudulent funds were received. It is contended that the applicant has no connection with the alleged offence or with the complainant. It is further submitted that the alleged IndusInd Bank Account No.259311543687 is not opened or operated by the applicant but stands in the name of “Arya Traders”, and the applicant has no access to the said account, ATM card, passbook, or related documents. The applicant has not withdrawn any money
3 from the said account. It is further submitted that the co-accused persons, namely Ankit Kumar Singh and Avdhesh Nagar, have already been granted bail by this Court vide orders dated 14.01.2025 in M.Cr.C. Nos. 8491/2024 and 8781/2024. It is submitted that the applicant is a permanent resident of Delhi and there is no likelihood of absconding or tampering with evidence, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that co-accused persons, namely Ankit Kumar Singh and Avdhesh Nagar, have been granted regular bail by this Court vide orders dated 14.01.2025 in M.Cr.C. Nos. 8491/2024 and 8781/2024. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, further the fact that co-accused persons have been granted regular bail and so far the applicant is concerned, he has come for anticipatory bail but considering the nature of allegation against the applicant and the fact that the applicant is one of the beneficiaries of a large-scale cyber fraud and cheating racket wherein the complainant and others were induced through fake online advertisements to invest money in fraudulent share-trading and gold-investment schemes operated through websites and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the applicant. 4
7. Accordingly, the anticipatory bail application of the applicant - Mahir, involved in Crime No.163/2024, registered at Police Station Pandri, District Raipur (C.G.) for alleged commission of offence punishable under Sections 420 and 34 of Indian Penal Code and Section 66D of Information Technology Act, 2000 is rejected.
Sd/-Sd S S Sd/- (Ramesh Sinha)
Chief Justice
gouri