1 2025:CGHC:59771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8151 of 2025 Navdhesh Kumar Sahu Son Of Late Santosh Kumar Sahu Aged About 36 Years Resident Of Sonsari, Ward No. 06, Police Station Mulmula, District Janjgir- Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Police Mulmula, District Janjgir- Champa, Chhattisgarh ... Non-applicant For Applicant : Ms. Avil Lakra, Advocate, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.304/2025, registered at Police Station - Mulmula, District : Janjgir-Champa (C.G) for the offence punishable under VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.10 12:17:56 +0530 2 Sections 420 of the IPC and Section 66(C) of I.T. Act. 2. The prosecution story in brief is that applicant operated a Sahu Mobile Shop in front of his house in Sonsari Village and worked as a retailer for jio and airtel. He was issued a code number to activate SIM cards from the company. He along with other co- accused used that code number to fraudulently activate SIM cards and sold them to various individuals with the intent to obtain unethical benefits, thereby committing a major financial fraud or cyber crime. Further investigation is underway in the regard. Thus the applicant is facing serious charges of defrauding Airtel and Jio companies by activating SIM cards without the customers permission and distributing them to other individuals with the intention of benefiting himself, concealing the identity of the actual SIM card user and committing a major financial fraud/ cyber crime. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and has not committed any of the alleged acts. It is further submitted that the applicant has no prior criminal record and is a permanent resident of Village Sonsari, Ward No. 6, Police Station Mulmula, where he possesses both movable and immovable property and his family and relatives also reside. He has two minor children, making it highly unlikely that he will abscond. The applicant has been in judicial custody since 21.09.2025. In view of these facts, it is 3 submitted that the applicant deserves to be released on bail, therefore, learned counsel prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is further submitted that, in compliance with this Hon’ble Court’s order dated 13.11.2025, the Investigating Officer has filed an affidavit stating that Crime No. 304/2025 has been registered at Police Station Mulmula, District Janjgir–Champa (C.G.) for the offences punishable under Section 420 of the IPC and Section 66(C) of the Information Technology Act. During investigation, it was found that, upon receiving information regarding the fraudulent issuance of 27 mobile SIM cards, the initially registered customers were examined and they denied purchasing or using the SIM cards issued in their names. Consequently, the CAF (Customer Application Forms) of all such SIM numbers were obtained from Airtel Company. On scrutiny of the CAFs, it was revealed that POS Code 7869872497 was issued from ‘Sahu Mobile’, located at Sonsari Road, Ward No. 6, Janjgir–Champa, the operator of which is the present applicant, Navdhesh Kumar Sahu, who fraudulently activated the said 27 SIM cards using the identity documents of various victims for illegal gain. Investigation further revealed that the applicant used the personal documents of customers to fraudulently activate SIM cards in the names of witnesses. On the basis of evidence 4 received from the Cyber Cell and the statements of witnesses, the memorandum statement of the applicant was recorded, wherein he admitted that he has been running ‘Sahu Mobile’ since 2014, works as a retailer for Airtel and Jio, created his own POS Code, and gave this POS Code to one Surendra to activate SIM cards fraudulently without the knowledge of the genuine subscribers. Pursuant to his memorandum, the mobile phone used and a copy of the biometric device ‘AutoZ Banking’ were seized, and offences under Section 42(2)(e) of the Telecom Act, 2023 were also found to be attracted. It was further found that, out of the 27 SIM cards, 10 have reported online financial fraud complaints, and 6 SIM cards were used to commit financial fraud totaling Rs.2,06,54,946.21/-. The State Counsel submits that, if the applicant is released on bail, he is likely to abscond, tamper with evidence, influence witnesses, and may again indulge in similar cyber-fraud activities, which would create resentment in society. Considering the seriousness of the offence and the fact that the applicant was arrested after considerable effort on 21.09.2025, it is submitted that the applicant is not entitled to the benefit of bail." 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 and upon perusal of the affidavit filed by the concerned Superintendent of Police, it is evident that during the course of investigation, 5 information was received regarding the fraudulent issuance of 27 mobile SIM cards. The initially registered customers were examined, and they denied purchasing or using the SIM cards issued in their names. Consequently, the CAFs (Customer Application Forms) of all such SIM numbers were obtained from Airtel Company. On scrutiny of the CAFs, it was revealed that POS Code 7869872497 was issued from ‘Sahu Mobile’, located at Sonsari Road, Ward No. 6, Janjgir–Champa, operated by the present applicant, Navdhesh Kumar Sahu, who fraudulently activated the said 27 SIM cards by using the identity documents of various persons for illegal gain. Investigation further revealed that the applicant used the personal documents of customers to fraudulently activate SIM cards in the names of witnesses. On the basis of evidence received from the Cyber Cell and the statements of witnesses, the memorandum statement of the applicant was recorded, wherein he admitted that he has been running ‘Sahu Mobile’ since 2014, works as a retailer for Airtel and Jio, created his own POS Code, and handed over this POS Code to one Surendra for activating SIM cards fraudulently without the knowledge of genuine subscribers. Pursuant to his memorandum, the mobile phone used and a copy of the biometric device ‘AutoZ Banking’ were seized, and offences under Section 42(2)(e) of the Telecom Act, 2023 were also found to be attracted. It was further revealed that out of the 27 SIM cards, 10 have online financial fraud complaints, and 6 SIM cards were used to commit financial 6 fraud amounting to Rs.2,06,54,946.21/-. In view of the seriousness and gravity of the allegations, and the nature of the fraudulent activities disclosed during investigation, this Court is not inclined to grant regular bail to the applicant. 7. Accordingly, the bail application of applicant – Navdhesh Kumar Sahu, involved in Crime No.304/2025, registered at Police Station - Mulmula, District : Janjgir-Champa (C.G) for the offence punishable under Sections 420 of the IPC and Section 66(C) of I.T. Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav