1 2025:CGHC:9184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1055 of 2025 Syed Jani Basha S/o Syed Mukhdam Aged About 46 Years R/o 10-79 Masjid Bazar, Near Veterinary Hospital, Gollapudi, District Krishna, (N.T.R.) Andhra Pradesh, 521225. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station – Pandri, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Abhyuday Tripathi, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 261/2024, registered at Police Station – Pandri, District – Raipur (C.G.) for the offence punishable under Sections 420 read with Section 34 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the complainant Mahesh Kumar Ramchandani, lodged an oral Complaint/FIR at Police Station concerned RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 on 19.09.24 that the complainant was induced into an investment scam in cryptocurrency through an application downloaded in the phone by the complainant himself, namely LSEC trading application. The main contention of the applicant is that the applicant received a request on Facebook Messenger, where he received a friend request on his mobile number 8109976290 from an unknown person identified as Dhamani Gariyar alias Chikoo. The complainant was introduced to other accused persons, including: Kartik Singh, Jyoti Rajput through the accused Ghamini Gariyar. The accused made false promise to the complainant to give returns to the complainant for making investment in share trading and crypto currency mining, the complainant believed and transferred money through RTGS to several accounts as stated by the accused. 3. During the course of investigation, it was revealed that the complainant, Mahesh Kumar Ramchandani, has transferred a sum total of Rs. 1,16,36,885/- through multiple transactions into various bank accounts controlled by the accused individuals. The first layer of transactions involved an initial deposit of Rs. 24,13,152/- made on 14.06.2024 from ICICI Bank (Ekta Number: 181701500514) into SBI Bank Account No. 42946822311, in 2nd layer the account holder of the SBI Bank account transferred Rs.3,00,000/- to Canara Bank Account No. 23810100007058, in 3rd layer Rs.2,00,000/- transferred from the Canara Bank account to HDFC Bank Account No. 34819958337, in 4th layer on 18.06.2024, Rs.50,000/- was transferred from the HDFC Bank account to Bank of Baroda Account No. 73380200001477, registered in the name of M/s K.K. International, and linked to Laxman Kung. 4. The registered address of this account was found to be 5-6, Rajeev Nagar, Behind Crystal Orchid, Shankar Nagar, Raipur, Chhattisgarh. 3 Upon further investigation it was discovered that the account in the Bank of Baroda was linked to accused Kamal Khattar, who later admitted to opening around 40 bank accounts under various trade names, selling each to an individual named Rishabh for amounts ranging from Rs.2,50,000/- to Rs.1,80,000/-. Kamal Khattar further disclosed that the funds acquired through these fraudulent activities were used to obtain bank loans and purchase approximately 10 vehicles, including three- wheelers and seven-wheelers, which were later stored at Rohit Singh Tomar's residence in Bhatgaon. 5. During the course of investigation, it was found that the bank account number 8148210000008938 was registered under the SJB Industries firm, which was linked to applicant Syed Jani Basha. A total of 52 reports of online fraud were found to be associated with this account in various states, as reported in the Cyber Police Portal. The fraudulent activities involving this account were tied to the broader scam, where money was siphoned off through multiple layers of transactions. The account and mobile number linked to Syed Jani Basha was sold by the applicant for Rs.1,00,000/- to Karja Raj Shekhar Reddy for use in share trading. The amount of Rs 8,55,439 has been transferred on 24.06.24 to S.J.B industries whose proprietor is Sayed Jani Basha the applicant via DBS bank account No. 8148210000008938. 6. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant in the State of Andhra Pradesh, and the co-accused has already been enlarged on bail by the learned trial Court. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 10.11.2024 and 4 trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 7. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant in the State of Andhra Pradesh, and the charge-sheet has been filed in this case. During the course of investigation, it was found that the bank account number 8148210000008938 was registered under the SJB Industries firm, which was linked to applicant Syed Jani Basha. A total of 52 reports of online fraud were found to be associated with this account in various states, as reported in the Cyber Police Portal. The fraudulent activities involving this account were tied to the broader scam, where money was siphoned off through multiple layers of transactions. The account and mobile number linked to Syed Jani Basha was sold by the applicant for Rs.1,00,000/- to Karja Raj Shekhar Reddy for use in share trading. The amount of Rs 8,55,439 has been transferred on 24.06.24 to S.J.B industries whose proprietor is Sayed Jani Basha the applicant via DBS bank account No. 8148210000008938, therefore, he is not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused all of the documents available on record. 9. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant in the State of Andhra Pradesh, and the co-accused has already been enlarged on bail by the learned trial Court, charge-sheet has been filed against the applicant, the applicant is in jail since 10.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow 5 this application. 10. Let applicant, Syed Jani Basha, involved in Crime No. 261/2024, registered at Police Station – Pandri, District – Raipur (C.G.) for the offence punishable under Sections 420 read with Section 34 of the IPC, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6 11. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 12. OfÏce 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 Rajshekhar