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2026 DAILYLAW 17051 (CHH)

SUNIL KUMAR KASHYAP v. STATE OF CHHATTISGARH

MCRCA/291/2026 · 2026-02-22

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Judgment text

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1 2026:CGHC:9254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 291 of 2026 • Sunil Kumar Kashyap S/o Rikhiram Kashyap Aged About 26 Years R/o Village Loharshi, Police Station Shivrinarayan, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Shivrinarayan, District Janjgir-Champa Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vivek Singhal, Advocate For Respondent/State : Mr. Nitnash Jaiswal, Deputy G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 23.02.2026 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 582/2025, registered at Police Station – Shivrinarayan, District – Janjgir-Champa (C.G.) for the alleged commission of offence punishable under Sections 420 of Indian Penal Code and Section 66 (C) of Information Technology Act. 2. According to the prosecution story, the constable Shrikant Singh of the Cyber Cell, District Janjgir-Champa, written complaint at Police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.24 11:36:43 +0530 2 Station Shivrinarayan stating that the accused Sunil Kumar Kashyapp (represent applicant) fraudulently activated mobile SIM connections by using personal documents in order to obtain benefits. Since the act of the accused was found to constitute an offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(C) of the Information Technology (Amendment) Act, 2008, an offence was registered under the said sections. As per the information received and the attached list, it was found that a Point of Sale (POS) code 9111898970, Sunil mobile, Address: 10, Ward No. 9, Mahaveer Para, Janjgir Champa, Chhattisgarh - 495556, had fraudulently issued the mobile numbers 916232231695, 916232237562, 916232241976, 916232303662, 916232461113, Total 16 mobile numbers. On conducting a preliminary inquiry, it was found that mobile number 916232237562 was registered in the name of customer Akash Rao, son of Santosh Rao Maratha, aged 23 years, resident of Village Kharaud, Sukul Para, Police Station 916232325591, 916232331814, 916232342710, 916232310362, 916232331052,916232336462,916232346425,916232313762,91623 2331362,916232342069,916232349087, Shivrinarayan, District Janjgir-Champa; and mobile number 916232303662 was registered in the name of customer Laxminarayan Aditya, son of Santaram Aditya, aged 26 years, resident of Village Kharaud, Manjha Para, Police Station Shivrinarayan, District Janjgir-Champa, Chhattisgarh. On questioning the registered customers, they stated that they had neither purchased nor used the said SIMs issued in their names. Thereafter, CAF (Customer Application Form) details for all the said numbers were obtained from Airtel company, and upon examination, it was found that all SIMs were issued from POS code 9111898970, 3 Sunil mobile, Address: 10, Ward No. 9, Mahaveer Para, Janjgir Champa, Chhattisgarh. 3. Learned counsel for the applicant submits applicant is innocent and has been falsely implicated in the instant case. It has been argued by learned counsel for the applicant has no criminal antecedent and applicant is not acted in a manner as alleged by the prosecution. It is further submits that applicant has not activated the alleged SIM Card and further the alleged SIM card has never used in crime and forgery. Hence, the applicant has not play any role, therefore, he prays for releasing the applicant on anticipatory bail. 4. Per contra, learned State counsel opposes the bail application and submits that the allegations are serious in nature. The applicant, being an authorized POS operator, was entrusted with sensitive identity documents of customers and prima facie misused the same for fraudulent activation of multiple SIM cards. The investigation is at a crucial stage and custodial interrogation may be necessary to ascertain the larger conspiracy and possible misuse of the activated SIM cards. 5. I have heard learned counsel for the parties and perused the records. 6. Considering the nature and gravity of the allegations, the prima facie material collected during investigation, and the specific role attributed to the applicant as the POS holder from whose code the SIM cards were issued, this Court is of the opinion that it is not a fit 4 case for grant of bail at this stage. The offences alleged involve misuse of identity documents and cyber fraud, which have serious societal implications. 7. Accordingly, this bail application of applicant – Sunil Kumar Kashyap involved in Crime No.582/2025, registered at Police Station – Shivrinarayan, District – Janjgir-Champa (C.G.) for the alleged commission of offence punishable under Sections 420 of Indian Penal Code and Section 66 (C) of Information Technology Act is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 vaishali