1 2026:CGHC:6072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8130 of 2025 Anas Khan S/o Anis Khan, Aged About 26 Years R/o 354-A, Civil Lines, Fatehpur, District (Revenue And Civil)- Fatehpur (Uttar Pradesh) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Bhilai Nagar, District Durg (C.G.) ... Non-applicant For Applicant : Mr. Yogesh Pandey, Advocate. For Non-applicant/State : Mr. Saumya Rai, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 335/2025, registered at Police Station : Bhilai Nagar, District Durg (C.G.) for the offence punishable under Sections 318(4), 61(2), 319(2) of the Bharatiya Nyaya Sanhita, 2023, Section 66(D) of I.T. Act and Section 42(1), 3(e)10 of Telecommunication Act. 2. The case of the prosecution, in brief, is that the complainant, Smt. Shobha Jha, lodged a report on 08.07.2025 alleging that on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 01.07.2025 she received mobile and WhatsApp calls from mobile numbers 9918769324 and 9918730513, wherein the callers introduced themselves as ofÏcers of the Crime Branch, falsely informed her that she was involved in a serious criminal case, and thereby digitally restrained and intimidated her. On such false representation and inducement, an amount of Rs.12,00,000/- was fraudulently transferred from the complainant to a bank account registered at Chennai. On the basis of the said report, Crime No. 335/2025 was registered and investigation was undertaken. During investigation, the police traced the location of the mobile phones used in the offence to Fatehpur, made enquiries from the registered owners of the said mobile numbers, namely Ajay Singh and Akshay Singh, and on the basis of their statements, interrogated Mohd. Faisal and the present applicant. After recording their memorandum statements, the police arrested the accused persons. Upon completion of investigation, charge-sheet has been filed against three accused persons, while one accused namely Praveen has been shown as absconding. The specific allegation against the present applicant is that he had provided SIM cards issued in his own name and in the names of others to co-accused Mohd. Faisal for monetary consideration, which SIM cards were subsequently used for committing the online fraud. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has neither directly nor indirectly been involved in the alleged offence and has been falsely implicated in the case. It is contended that no incriminating article has been seized from the 3 possession of the applicant and he has neither made any call to the complainant nor received any amount in his bank account, which is evident from the bank statement filed as Annexure A-3. As per the prosecution itself, the only allegation against the applicant is that he allegedly provided SIM cards to co-accused Mohd. Faisal, however, no mobile handset, calling device or document relating to the disputed mobile numbers 9918769324 and 9918730513 has been seized from the applicant. The applicant has no nexus with Mohd. Faisal or Mohd. Suhail, as they are residents of Meerut, whereas the applicant is a resident of Fatehpur, and Mohd. Faisal had misrepresented himself as a cloth trader and obtained the SIM on a false pretext. It is further submitted that the investigation is flawed, as neither the owners of the SIM cards have been made accused nor the issuing POS agent, namely Sumit Kumar, has been arraigned, despite the mandatory e-KYC procedure requiring the physical presence, live photograph and fingerprints of the purchaser at the time of issuance of SIM cards. The statements alleging misuse of Aadhaar cards are prima facie false and contrary to the statutory SIM issuance process. The applicant is also suffering from early airway disease related to lungs and is dependent on a nebulizer, as reflected from the medical report filed as Annexure A- 4. Lastly, it is submitted that the present applicant has no previous criminal antecedent from the State of Uttar Pradesh as well as State of Chhattisgarh and he is in jail since 25.07.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4 4. On the other hand, the learned State counsel vehemently opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that pursuant to the vide order dated 13.10.2025, this Hon’ble Court had directed the Superintendent of Police to file a personal afÏdavit disclosing the evidence collected during investigation, and in compliance thereof, the afÏdavit has been duly filed. As per the said afÏdavit, the complainant was digitally arrested and cheated of Rs.12,00,000/- through RTGS on the basis of fraudulent calls made from mobile numbers traced to Fatehpur (U.P.). During investigation, CDRs, mobile tower location, bank statements and other electronic evidence were collected, which led to the interrogation and arrest of the present applicant. The applicant, in his memorandum statement, admitted that he was involved in providing SIM cards and using calling machines for committing online fraud. Further, several incriminating articles including calling machines, laptops, mobile phones, routers and a large number of SIM cards were seized from his possession, which were used in the commission of the offence. The investigation has culminated in filing of charge-sheet along with sufÏcient material evidence clearly establishing the active involvement of the applicant in a serious and organized cyber fraud. Considering the gravity of the offence, the organized manner in which the cyber fraud was committed, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 5 6. Considering the facts and circumstances of the case, the nature of allegations, and the opposition raised by the learned State counsel supported by the afÏdavit filed pursuant to the direction of this Court, it appears that though the material collected during investigation and reflected in the afÏdavit prima facie indicates involvement of the applicant in the commission of the offence, the evidence is largely documentary and electronic in nature, and nothing further remains to be recovered from the applicant. Further though the applicant is alleged to have participated in the crime as per the prosecution afÏdavit, but the charge-sheet has been submitted before the competent Court and he has no criminal antecedents from the State of Uttar Pradesh as well as State of Chhattisgarh and he is in jail since 25.07.2025, the conclusion of the trial may take some more time. Considering the overall facts, the grounds urged by the learned counsel for the applicant, the opposition raised by the learned State counsel through afÏdavit, and without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Anas Khan, involved in Crime No. 335/2025, registered at Police Station : Bhilai Nagar, District Durg (C.G.) for the offence punishable under Sections 318(4), 61(2), 319(2) of the Bharatiya Nyaya Sanhita, 2023, Section 66(D) of I.T. Act and Section 42(1), 3(e)10 of Telecommunication Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following 6 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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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 7 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. 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