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2026 DAILYLAW 16975 (CHH)

ABDULAZIZ BENA RABIU v. STATE OF CHHATTISGARH

MCRC/521/2026 · 2026-02-11

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Judgment text

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1 2026:CGHC:7916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.521 of 2026 1 - Abdulaziz Bena Rabiu S/o. Rabiu, Aged About 28 Years R/o. Birninkebbi, State- Abuja, Country Nigeria 2 - Aminu Garba, S/o Garba Haruna, Aged About 23 Years R/o. Birnin Kebbi, State Abuja, Country Nigeria Current Address Boys Hostel, Kalinga University Hostel, Naya Raipur, Dist. Raipur C.G. ... Applicants versus State Of Chhattisgarh Through The PS- Gudhiyari, Raipur, Dist. Raipur C.G. ... Non-applicants For Applicants : Mr. Abhyuday Tripathi, Advocate. For Non-applicant/State : Mr. SS Baghel, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 12.02.2026 1. This is the 2nd bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.18 15:06:08 +0530 2 bail to the Applicants who have been arrested in connection with Crime No.17/2025 registered at Police Station – Gudhiyari, Raipur (C.G.), for the offence under Sections 318(4), 111 and 3(5) of the BNS, 2023. The earlier application was rejected vide order dated 04.11.2025 passed in M.Cr.C No.7755/2025. 2. As per the prosecution case, the Applicants are citizens of Nigeria who came to India for the purpose of pursuing studies and are presently enrolled in the B. Pharmacy course at Kalinga University, Raipur (C.G.), which is of four years’ duration commencing from the academic year 2023. It is alleged that during the period from 17.03.2024 to 27.09.2024, the complainant, namely Umakant Verma, was induced by unknown persons through WhatsApp messages sent from mobile number 9690047185 to invest an amount totalling Rs. 50,00,000/- on the pretext of earning 30% profit by performing online tasks such as liking products on the Amazon application and sharing screenshots to receive cashback benefits. Upon registration of the FIR, a detailed investigation was conducted by the police, which culminated in filing of the charge-sheet against the Applicants for aforesaid offences. Hence, this application. 3. Learned counsel for the Applicants submits that the 3 Applicants are innocent and have been falsely implicated in the present case and that no material collected during investigation establishes their involvement in the alleged offence. It is contended that the Applicants are students pursuing the B. Pharmacy course at Kalinga University, Raipur, and are residing in India on valid student visas, and neither their names appear in the FIR nor is there any evidence to show that they contacted the complainant through phone or WhatsApp or induced him to invest money. It is further submitted that no transaction was made by the complainant into the bank accounts of the Applicants and therefore, no loss can be attributed to them. He further submits that the complaint and initial case diary statements do not mention the Applicants’ bank accounts and their inclusion only in a subsequent supplementary statement creates serious doubt regarding the fairness of investigation. It is argued that the Applicants have been in custody since 24.01.2025, the charge-sheet has already been filed, trial is likely to take considerable time. Lastly, it is submitted that similarly placed co-accused persons have already been granted bail by the competent courts and on the ground of parity as well as absence of criminal antecedents, the Applicants deserve to be enlarged on bail. 4 4. On the other hand, opposing the prayer for regular bail, learned State counsel submits that the allegations against the Applicants are serious in nature, involving organized cyber fraud wherein the complainant was induced to invest a substantial amount on the false promise of high returns through online tasks. It is contended that the material collected during investigation, including digital evidence and financial trail, prima facie indicates the involvement of the Applicants in the commission of the offence and the charge- sheet has already been filed. Considering the gravity of the offence, the magnitude of financial loss, the possibility of the Applicants absconding being foreign nationals, and the likelihood of influencing witnesses or tampering with evidence, it is submitted that the Applicants are not entitled to the benefit of bail and therefore, the application may be accordingly rejected. 5. Upon hearing learned Counsel for the parties and perusing the case diary along with the material placed on record, this Court finds that the allegations against the Applicants relate to an organized cyber fraud wherein the complainant was induced to invest a substantial amount on the false assurance of high returns through online tasks. The investigation has collected prima facie digital and financial evidence indicating 5 involvement of the Applicants and the charge-sheet has already been filed. This being the second bail application, it is noteworthy that the earlier bail application of the Applicants was rejected on merits and no significant change in circumstances or new ground has been brought to the notice of this Court so as to take a different view in the matter. Considering the seriousness of the offence, the magnitude of financial loss, the fact that the Applicants are foreign nationals creating a reasonable apprehension of absconding and without expressing any opinion on the merits of the case, this Court is not inclined to grant the benefit of bail to the Applicants. 6. Accordingly, the bail application of the Applicant – Abdulaziz Bena Rabiu and Aminu Garba involved in Crime No.17/2025 registered at Police Station – Gudhiyari, Raipur (C.G.), for the offence under Sections 318(4), 111 and 3(5) of the BNS, 2023, is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya