1 2025:CGHC:53120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6296 of 2025 1 - Ali Ahmad S/o Shabir Ahmad Khan Aged About 70 Years R/o Village- Sataura, Police Station- Tirva And District Kannouj (U.P.) ... Applicant Versus 1 - State Of Chhattisgarh Through S.H.O. Of The Police Station- Torwa, District Bilaspur C.G. ... Non-applicant For Applicant : Mr. Sunil Verma, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 360/2024 registered at Police Station - Torwa, District – Bilaspur (C.G.), for the offence punishable under Sections 318 (4) of the Bhartiya Nyaya Sanhita, 2023 and 66 (3) of the Information Technology Act. 2. According to the prosecution's story, Complainant Neeraj Kumar Singh lodged a complaint in the concerned police station stating that on 13.09.2024, he received a call in the name of Customs Office Delhi on his mobile number that there are many cases registered against the complainant which will be investigated by the CBI and he should not discuss this matter 2 and he was taken on digital arrest. On this basis, on 13-09-2024, the applicant transferred an amount of Rs 16,50,047/- from his bank account operated in State Bank of India, Branch - Titli Chowk, Bilaspur through RTGS to a bank account number 110405003002 of ICICI Bank which belongs to the co-accused Asad Ahmed, Uttar Pradesh, whose UTR No. is SBINR52024091348138367. On the basis of the abovementioned written complaint, police authorities registered an FIR bearing Crime No. 360/2025 for the offence punishable under Sections 318 (4) of the Bhartiya Nyaya Sanhita, 2023 and 66 (3) of the Information Technology Act, 2000 and the applicant was arrested on 05.05.2025. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant did not commit any fraud with Neeraj Kumar Singh, the complainant in the case. Notably, the complainant was not deceived by the applicant, and the applicant did not receive any amount from Neeraj Kumar Singh in his bank account, but the amount was received in the bank account of the co-accused Asad Ahmed. He also submits that the applicant has no connection, direct or indirect, with the mobile number, bank account number mentioned in the FIR registered by Neeraj Kumar Singh. Even if the prosecution's case is accepted, the applicant's role is, at most, is of giving his consent to the co-accused. However, the applicant was arrested by the Police Station in a purportedly false and malicious manner, based solely on suspicion and the statement of another accused, with no recovery made from the applicant. He further submits that the applicant is in jail since 05.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. The learned counsel for the State/non-applicant opposes the bail application, submitting that the allegation against the applicant is that, the applicant along with the co-accused Asad Ali opened a bank account in ICICI Bank in the 3 name of Falah Darain Sabiri Madarsa Samiti, Kanauj and the KYC documents with regard to opening of acccount revealed that Ashad Asli Khan and the appicant had opened the bank account. The money laundering trail exposed the participation of the application in the alleged offence. The applicant had consented to opening of bank account in the name of Madarsa Samiti and his family members are the Manager, President and Vice President of the said Samiti. The applicant was well aware about the commission of offence and for the same, he had given his consent to Asad Ali (co-acused) and have extorted money from the complainant by falsely taking him in digital arrest. He submits that there are two cases pending against the applicant before the Hon’ble High Court of Madhya Pradesh at Indore and in Crime No. 99/2025 and before the Hon’ble High Court of Maharashtra in Crime No. 70/2024. Therefore, he may not be enlarged on bail. 5. At this stage, learned counsel for the applicant submits that the applicant has been enlarged on bail by the Hon’ble High Court of Madhya Pradesh in Misc. Criminal Case No. 1309/2025 vide order dated 15/04/2025 and the case before the Hon’ble High Court of Maharashtra is still pending consideration. Therefore, he may be enlarged on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submission of counsel for the respective parties and further the fact that the allegation against the applicant is that, the applicant in connivance with the co-accused Asad Ali had extorted money from various complainants of different states, hence the applicant has participated in the alleged online fraud and one case registered against the applicant is pending consideration before the High Court of Maharashtra in Crime No. 70/2024, therefore, I am not inclined to grant regular bail to the present applicant. 4 8. Accordingly, the bail application of the applicant – Ali Ahmad, involved in Crime No. 360/2024 registered at Police Station - Torwa, District – Bilaspur (C.G.), for the offence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023 and 66 (3) of the Information Technology Act is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY