Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 1152 (CHH)

DEEPAK KUMAR JAISWAL v. STATE OF CHHATTISGARH

MCRC/1452/2026 · 2026-03-15

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:12525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1452 of 2026 • Deepak Kumar Jaiswal S/o Murari Lal Jaiswal Aged About 24 Years R/o Mandir Para, Village- Judga, Tahsil- Sakti, District- Sakti (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Police Station Devendra Nagar, District- Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Rajendra Patel, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.03.2026 1. This is the first 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. 149/2025 registered at Police Station – Devendra Nagar, District - Raipur (C.G.) for the offence punishable under Sections 318(4) of BNS and 66(D) of IT Act, 2000. 2. Case of the prosecution, in brief, is that the complainant came in contact with a girl named Soujanya Gill through Instagram, who represented herself as a coordinator of OTC trading company, Surat, Gujrat and induced the complainant to invest money through JA Bloc VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.19 17:47:57 +0530 2 Pro App software application. The complainant allegedly deposited an amount of Rs.60,85,000/- in several installments in different accounts and was further induced to deposit 20% of the amount as tax/service charges for withdrawal of the same. When the complainant was not allowed to withdraw any money, he lodged the complaint before the concerned Police Station. 3. It is argued by learned counsel for the applicant that he has filed his vakalatnama in the present case by today itself. He also submits that the applicant is innocent and has been falsely implicated in crime in question and there is no previous criminal antecedent against the present applicant. He further submits that there is no allegation of any direct contact, inducement, misrepresentation or communication between the applicant and the complainant. He also submits that applicant is himself a victim of the fraud, who has been wrongly implicated only on the basis of one bank transaction of rupees 18,00,000/- through his account. Further charge-sheet has already been filed in the present case, the applicant is in jail since 25.11.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is no criminal antecedent registered against the present applicant, and the charge-sheet has been filed in this case. It is further submits that in compliance of the Court’s order dated 10/02/2026, the Superintendent of Police has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 10/02/2026, the 3 Investigating Officer, has filed his personal affidavit and relevant paragraphs are reads as under:- “ xxx xxx xxx 5.That, the brief description of the case is that, from 07.05.2025 to 10.06.2025, the complainant Shashikant Verma was duped by unknown accused person through Instagram Social Media by claiming to be Saujanya Gill, the alleged holder of Mobile Number 9876559496 and Coordinator Jainam OTC Trading Company, which is registered in Surat, Gujarat and by WhatsApp chatting, by luring him to invest money in share trading and get double the amount by making him download JA BLOC PRO App through a link and by making him invest a total of Rs. 60.85 Lacs on different dates in different bank accounts. In this regard, the crime has been registered and on receipt of the case diary for further investigation, by Range Cyber Police Station Raipur during the investigation, the information of the bank account holders was obtained from the concerned Bank and CAF of the mobile number was obtained and a notice under Section 35 (3) of the BNSS, 2023 was given to the bank account holders and mobile holders to appear. 6. That, during the investigation, it was found that, the present accused applicant Deepak Kumar, Resident of PS Sakti, Mobile Number 9098316582 by opening a Current Bank Account Number 10228722468 in IDFC First Bank, Kharsiya Branch, Raigarh, has fraudulently received the amount of Rs. 18 Lacs through RTGS on 28.05.2025. From the opening date of the said bank account on 08.05.2025, a total deposit amount of Rs. 99,34,857.73/- was deposited as Credit into the said bank account and a total amount of Rs. 99,34,423/- was debited as withdrawal in the aforesaid bank account till the report dated 29.05.2025. 7. That, during investigation, it was found that, total 17 online cyber frauds have been committed by showing the bank account of the present accused applicant, the details whereof, are as under: - 4 8.That, thereafter, during investigation, the present accused was summoned with regard to the subject transactions made by him therein, a notice under the provisions of the of the B.N.S.S., 2023 was issued to him for interrogation in relation to the bank accounts operated by him and the transactions therein. The present accused appeared and was summoned and notice under the provisions of the B.N.S.S., 2023 to produce documents in relation to the bank account kit, amount received, registered mobile number. Thereafter, the memorandum statement of the present accused was duly recorded. Acknowledgment No. State District Police Station A251133100032 CHHATTISGARH RAIPUR DEVENDRANAGAR 21307250031186 HARYANA KURUKSHETRA JHANSA 23706250034061 TELANGANA HYDERABAD CITY CYBER CRIME 30506250034264 BIHAR BUXAR SONBARSHA 30806250047855 DELHI WEST CYBER POLICE STATION WEST 31108250166156 GUJRAT BHARUCH CYBER CRIME 31506250013203 KERALA KOZHIKODE CITY NALLALAM 31606250070714 KARNATAKA GADAG GADAG CEN CRIME PS 316060250071919 KARNATAKA BANGLORE CITY PARAPPANA AGRAHARA 31607250086753 KARNATAKA BANGLORE CITY HENNUR 31906250096818 MAHARASHTRA PUNE CITY VISHRANTWADI 31907250119754 MAHARASHTRA PUNE CITY 32706250043718 RAJASTHAN KARAULI SURAUTH 33206250043189 WEST BENGAL BIDHANNAGAR NEW TOWN 33309250023878 CHHATTISGARH RAIPUR DEVENDRA NAGAR 33706250023219 TELANGANA CYBERABAD CYBER CRIME 33706250026510 TELANGANA RACHAKONDA UPPAL 9.That, in the memorandum statement before the concerned witnesses, the accused applicant has categorically stated and confessed to receiving the proceeds of crime in connivance with the other accused persons. It is further stated by the present accused/applicant that, after opening the aforesaid bank 5 account alongwith the registered SIM, the present accused applicant Deepak Kumar Jaiswal has given the same to his cousin Girja Shankar and Piyush Jaiswal for using in online cyber fraud/crime. It is further deposited by the present accused applicant that, in connivance with Prem Sahu, Ravi Nirala, Shishir Rathore used the amount of fraud in online transactions and received Rs. 30,000/- as commission from the fraud amount. He has stated that, he gave the IDFC First Bank Account and ATM registered in his name to Girja Shankar and in lieu of giving the bank account and ATM, the said Girja Shankar gave him Rs. 30,000/- as commission.” 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the present and involvement of present applicant, further considering the affidavit filed by the Investigating Officer in the present case, it becomes clear that after opening the aforesaid bank accounts alongwith the registered SIM, the present applicant has given the same to his cousin Girja Shankar and Piyush Jaiswal for using in online cyber fraud/crime, this Court does not find it to be a fit case to release the applicants on regular bail. 9. 9. Accordingly, the instant bail application of the applicant- Deepak Kumar Jaiswal involved in Crime No.149/2025 registered at Police Station – Devendra Nagar, District - Raipur (C.G.) for the offence punishable under Sections 318(4) of BNS and 66(D) of IT Act, 2000, is rejected at this stage. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Vaishali