1 2025:CGHC:11893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1107 of 2025 1 - Sandeep Kumar Das S/o Late Fuleshwar Das Aged About 21 Years R/o Village Rangatand, Post Madhopur, Police Station Chandramani, District Jamui (Bihar) 2 - Vipin Das S/o Mukesh Das Aged About 20 Years R/o Village Rangatand, Post Madhopur, Police Station Chandramani, District Jamui (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Punit Ruparel, Advocate For Respondent(s) : Mr. U.K.S. Chandel, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2025 1. This is the First bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 connection with Crime No. 183/2024 registered at Police Station Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki, (C.G.) for the offence punishable under Section 318(4) and 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on 20.08.2024 the complainant Dilip Gupta resident of Ambagarh Chowki made a written complaint to the concerned police that he has a joint account alongwith his wife namely Vandana Gupta in Punjab National Bank, Ambagarh Chowki in Account No. 7389000100003526. On 12.08.2024 at about 10-11 in night being a online fraud their amount has been removed from the bank account sum of Rs. 5 lacs by transaction ID NO. 422522844135 and second transaction sum of Rs. 4,90,000/- being a transaction ID No. 42225155246 and on 11.08.2024 Rs. 10/- transaction fraud is committed by ID No. 42224820745 all these information is received by them by receiving SMS from the concerned bank in Mob. No. 9424118244, thereafter, they made call in toll free number and prayed to stock transaction immediately from their account and freezed it, they immediately made complaint to cyber cell on online fraud, thereafter, upon the complaints of the complainant the Crime No. 183/2024 is registered in the aforesaid offences, after registration of FIR during the course of investigation police collected the details of concerned transaction ID, they received the information of mobile holder and their location and after that the applicants are arrested and sent for 3 remand. After due investigation the charge-sheet has been filed before the concerned court. 3. Learned counsel for the applicants submits that the applicants are innocent and have not committed any offence. The applicants are aged about 20-21 years and they have not enough knowledge about the cyber crime, further they have not made any transaction in the bank account of the complainant, even there is no recovery made by the police with regard to the fraud amount in the account of the applicants. They have made accused in the instant crime only on the basis of the memorandum recorded by the police during the course of investigation but there is no recovery on the part of the applicants with regard to the said fraud. The police in charge-sheet only recovered the bank details of the complainant but there is no bank details of the succeeder person who received the amount in his account. The police recovered one Samsung mobile phone from the applicant no. 1 and one mobile phone of Realme from the applicant no. 2, except that, there is no recovery made from the applicants. Lastly, the applicants are languishing in jail since 20.11.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicants. 4. Learned State Counsel submits that during the investigation, it was found out to which account holder the money was transferred through ID-422522844135, 24225155246 and 24224820745, name, address, current mobile number of the holder of the 4 transaction ID. After receiving a report from Cyber Cell Mohla for seeking location, through mobile number location, CDR, CAF, applicants/accused Sandeep Kumar Das and Bipin Kumar Das were arrested from Bihar and sent to judicial remand. Other accused Ravidas, resident of Ranga Tand, Police Station Chandramandi, District Jamui (Bihar) is absconding and search for his whereabouts is on. Thus, there is prima facie evidence against the applicants/accused for committing the said crime and the said crime is of very serious nature and the case is under investigation, as such, the bail application of the applicants is liable to be rejected. 5. From perusal of the records, it transpires that the applicants along with other co-accused have committed the abovementioned crime in an organized manner and embezelled amount of Rs.9,90,000/- and after receiving a report from Cyber Cell Mohla for seeking location, through mobile number, CDR, CAF, applicants/accused were arrested from Bihar thus looking to the facts and circumstances of the case and after considering the arguments put forth by both the parties, it does not appear appropriate to grant the benefit of bail to the applicants/accused as such, the bail application of the applicants is rejected. 6. Accordingly, the bail application of the applicants- Sandeep Kumar Das and Vipin Das filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 183/2024 registered at Police Station Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki, (C.G.) for the offence punishable under Section 318(4) and 3(5) of 5 the BNS, is rejected at this stage. 7. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce 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 Rahul Dewangan