1 2025:CGHC:59784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8767 of 2025 Yasin Quraishi S/o Late Iqbal Quraishi Aged About 33 Years R/o Village Kulipada, Near Meat Shop, P.S. And District Sahebganj Jharkhand ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gudiyari, Raipur, District Raipur (C.G.) ... Respondent For Applicant : Shri C.R. Sahu, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.327/2025 registered at Police Station Gudiyari, Raipur, District Raipur (C.G.) for the offence punishable under Sections 303(2), 111, 317(2), 317(4), 317(5), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant lodged report to the concerned police station that on date of incident the unknowns have committed theft of amount of Rs.99,000/-through phone pay. Based upon the such complaint made by the complainant, the police has registered the offence under section 303(2), 111, 317(2), 317(4), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.10 17:59:16 +0530 2 317(5), 3(5) of B.N.S. against the unknown person and after the investigation, the police has arrested the present applicant in connection of above Crime No. 327/2025 on the memorandum of the statement. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that on the basis of memorandum, applicant has been implicated in this case. He would submit that the applicant is in jail since 23/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that in compliance of the Courts order dated 4/11/2025 concerned Investigating Officer has filed his personal affidavit wherein it is stated that (i) during investigation, it was found that, the present accused applicant was working with the organized gang who used to steal mobile phones, therefore, the accused Yasin Quraishi, Vikas Mahato, Pinto Mohali and Sonu Mandal were arrested and were duly questioned wherein, the present accused applicant has categorically deposed in his memorandum statement that, he works for the Vikas Mahato and Sagar Mahato Gang and on 22.06.2025, on being told by the said accused persons, he received money into the account from Rajan @ Sheikh Suleman and Ankit Sharma for which, he obtained Rs. 25000/-, thereafter, the said money and the mobile phone being used in the crime was seized from the present accused applicant (ii) during investigation, the memorandum statement of the other accused persons/criminal gang namely Vikas Mahato was taken 3 wherein, he deposed that, he works with the Mahato Gang, who used to steal money from the account by stealing the mobile phones of the people. Hefurther deposed that, he obtained Rs. 50000 out of stolen money from the present accused applicant wherein, he took Rs. 25000 and rest Rs. 25000 was given by him to Sagar Mahato. In the said crime, the other accused persons namely Pinto Mohali and Sonu Mandal used to provide bank accounts to him (iii) during investigation, it was found that, after stolen the amount of Rs. 60,000/-, the same was transferred from the Bank of India Account Number 32499102508 of the complainant to the Account Number 18629026892 of Indusind Bank of Mukesh Murmu and further after stolen the amount of Rs. 39,999/- from the Google Pay Account Number 918020110872063 linked mobile number 9708134838 into the NSDL Bank Account Number 501044864816 by Ankit Sharma and the holder Taj Mohammad send the link to the mobile number 7890079668 and the same has been transferred to the Indusind Bank Account Number 189073096029 holder Seema, Mobile Number 973096029 and both the stolen amount has been withdrawn in cash by the accused persons through the ATM cards (iv) during the investigation, it was revealed that, the CDR of the mobile numbers linked to these bank accounts was taken by the Cyber cell and after studying the IMEI numbers, it was found that, the handset from which, the Indusind Bank Account Number 18629026892 linked mobile number 6290268492 was operated, was active in Raipur City. Also, the information was received from an informer that, members of the organized gang who go to the markets in the City and steal mobile phones and then steal money from bank accounts are active (v) during investigation, it was found that, the 4 accused Sheikh Suleman told in his statement that, both of them work to provide bank accounts to the gang which steals money from bank accounts by cyber fraud and mobile theft, for which, they buy bank accounts from people like Sunny, Salman, Rohan Sao etc., they do this work in connivance with the present accused Applicant Yasin Quraishi on 20% commission. On 22.06.2025 in order to withdraw the money stolen from the complainant bank account, they gave the bank account details to the present accused applicant through WhatsApp through QR Code Scanner and after receiving these money in the said bank accounts, the cash was deposited through ATM in the bank account mentioned by the present accused applicant for which, they got a cash commission of Rs. 20000, which was divided into 10-10 thousand Rs. (vi) during investigation, it was revealed that, the present accused applicant is working for an organized gang whose job is to steal mobile phones and with the help of modern technology, using the mobile number present in the mobile, steal money from the bank accounts of the victims, therefore, the Section 111 of the BNS, 2023 has been registered against the accused persons including the present accused applicant (vii) it is further revealed that, the present accused applicant provided bank accounts to this gang to park the stolen money. In the present case, the main members of the aforesaid organized gang are absconding and getting bail benefit to the arrested accused will encourage the main accused to commit other crimes and the accused persons are residents of other States who may abscond after getting bail (viii) all the accused persons have been found to be involved in the online cyber fraud and embezzlement of the bank amounts by committing illegal transactions of the huge defrauded amount from the 5 bank accounts of the victims and the same has been embezzled by doing criminal conspiracy by them. Learned State counsel would submit that considering the nature of allegations against the applicant, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicant was actively working with an organized gang involved in mobile theft and cyber fraud, he allegedly provided bank accounts to the gang for parking stolen money and received commission for facilitating these illegal transactions, further the mobile phone and cash linked to the offence were recovered from him and he is accused of assisting the gang in withdrawing and transferring money stolen from victims’ bank accounts through fraud, thereby participating in a criminal conspiracy and it is an organized crime, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Yasin Quraishi involved in Crime No.327/2025 registered at Police Station Gudiyari, Raipur, District Raipur (C.G.) for the offence punishable under Sections 303(2), 111, 317(2), 317(4), 317(5), 3(5) of B.N.S, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) gouri Chief Justice