1 2025:CGHC:60456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7785 of 2025 Dwarika Sahu S/o Late Dilip Sahu, Aged About 24 Years R/o - Dak Bangla Road, Firangi Para, Kota, P.S. And Tahsil - Kota, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. - Kota, District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Priyanshu Gupta, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 645/2025 registered at Police Station Kota, District - Bilaspur 2 (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS and Section 66(C) of I.T. Act. 2. Case of the prosecution, in brief, is that applicant/accused Dwarika Sahu, a POS agent of Dwarka Mobile Shop, fraudulently used complainant Karim Mohammad’s identity documents to illegally obtain an Airtel SIM card (No. 7024161758) in the complainant’s name and used it himself. It is further alleged that the SIM issued using forged documents was later used for cheating and obtaining illegal financial gain. The case materials show that the applicant dishonestly obtained the complainant’s ID documents, misused them to procure a SIM card, and committed forgery and cheating, thereby causing criminal breach of trust. The complainant specifically named the applicant in his written complaint, which led to the registration of alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 28.08.2025 in MCRC No.6798 of 2025, therefore this second bail application is filed on the ground that while rejected the first bail application of the applicant, this Court in para No.6 observed that it was a fraud of Rs.87 lakhs, whereas in fact it was a fraud of 87,999.99/-. He also submits that in case Crime No.183/2025, the applicant was arrested only on the basis of memorandum statement, and the applicant has been granted bail 3 in the said case vide order dated 20.05.2025 in MCRC No.2626 of 2025, further charge-sheet has already been filed in the present case and the applicant is in jail since 24.06.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application, but admits the fact that the amount of fraud involvement in the present case is 87,999.99/- not 87 lakhs. He further submits that after being released on bail in Crime No.183/2025, Police Station Kota, District Bilaspur, for offences punishable under Sections 318(4), 336(3), 316(5) of the BNS and Section 66(C) of the I.T. Act, the applicant committed the present offence, which is of a similar nature, which shows that the applicant is a habitual offender, as such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 28.08.2025 in MCRC No. 6798 of 2025 on the ground that the applicant is alleged to have fraudulently obtained an Airtel SIM card using the complainant’s identity documents and misused it for cheating activities, further he has committed forgery, and using the illegally issued SIM card for financial fraud, he committed a fraud of Rs.87 4 lakh, though it was not a fraud of Rs.87 lakhs, it was a fraud of Rs.87,999.99/-, the said fact is admitted by the State counsel, further considering the fact that the applicant after being released on bail in Crime No.183/2025, Police Station Kota, District Bilaspur, for offences punishable under Sections 318(4), 336(3), 316(5) of the BNS and Section 66(C) of the I.T. Act, the applicant committed the present offence, which is of a similar nature, and on a pointed query made to counsel for the applicant regarding the same, it has been stated that the applicant was arrested in the said case only on the basis of memorandum statement, but considering the fact that the applicant committed the same crime again, which shows that he is a habitual offender and misused the bail granted to him earlier, also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant-Dwarika Sahu, involved in Crime No. 645/2025 registered at Police Station Kota, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS and Section 66(C) of I.T. Act, is rejected. 5 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil