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2026 DAILYLAW 17247 (CHH)

AKASH INDARLAL TURSHANI v. STATE OF CHHATTISGARH

MCRC/9691/2025 · 2026-02-22

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Judgment text

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1 2026:CGHC:9243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9691 of 2025 Akash Indarlal Turshani S/o Indarlal Turshani Aged About 33 Years R/o Radha Krishna Apartment, Flat No. 503, C-Block Chowk, Near Dolphin Club, P.S. Ulhas Nagar, District : Thane, Maharashtra. ... Applicant versus State of Chhattisgarh Through P.S. Purani Basti, District : Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vivek Mishra, Advocate. For Non-Applicant/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.02.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 305/2025 registered at Police Station– Purani Basti, Raipur, District Raipur, (C.G.), for the offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, and Section 66(d) of IT Act. 2. Case of the prosecution, in a nutshell, is that the complainant submitted a written complaint on 03/08/2025, and on 04/08/2025 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 an FIR was registered against nine accused persons. The name of the present applicant surfaced during investigation upon tracing Account No. 16160100089691 maintained with Federal Bank at Ulhas Nagar, in which a sum of Rs. 4,20,000/- was credited on 21/06/2025 through RTGS. The allegation against the present applicant is limited to the extent that the aforesaid amount was transferred into his account by the complainant, who was allegedly induced to transfer money on account of cheating and fraud committed by the holders of Mobile Nos. 9136986656, 8018048341 and 9042658465. It is further alleged that the complainant was threatened by the holders of the said mobile numbers that he would be arrested in a criminal case by the Bengaluru Police if he failed to transfer the entire amount from his account, and in consequence thereof, the complainant was allegedly cheated to the tune of Rs. 87,95,000/-. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence punishable with death or imprisonment for life and has been falsely implicated in the present case. It is further submitted that even if the entire prosecution case is accepted at its face value, no offence is made out against the present applicant. As per the allegations in the FIR, there are no specific averments that the applicant had used his own bank account for managing or facilitating any fraudulent amount, and the investigating agency has failed to establish any nexus between the applicant and the commission of the alleged offence. It is contended that the applicant had borrowed certain sums from his friend, namely Aniket Rohra, 3 who is stated to be an absconding co-accused, and in lieu thereof, his bank account details, SIM card with registered mobile number and ATM card were forcibly taken by the said co-accused, and the alleged transactions were carried out by other co-accused persons without the knowledge or consent of the applicant. It is further submitted that a bare perusal of the charge-sheet does not disclose any material to connect the applicant with the alleged offence nor does it establish that the disputed amount was transferred to his account during the relevant period in the manner alleged. The applicant is stated to be working in a private clothing store and is the sole breadwinner for his wife and 6-year-old daughter, and his continued incarceration has caused severe financial hardship to his family. It is also submitted that the applicant has been arrested merely on suspicion, no recovery has been effected from him. He also submits that the charge-sheet has been submitted before the competent Court and the present applicant is in jail since 17.08.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the present case discloses a well- planned and organized cyber fraud of serious magnitude, wherein the complainant was deceitfully placed under so-called “digital arrest” by impersonating senior ofÏcials and was induced to transfer an amount of Rs.87,95,000/- through RTGS and other digital platforms. During the course of investigation, it has been categorically revealed that Federal Bank Account No. 4 16160100089691, standing in the name of the present applicant and duly linked with his registered mobile number, received Rs.4,20,000/- out of the defrauded amount on 21.06.2025. The applicant, after opening the said account on the strength of his own Aadhaar card, PAN card and photograph, admittedly handed over the account, SIM card and ATM card to co-accused Aniket Rohra for monetary consideration, thereby consciously facilitating and enabling the commission of the cyber offence. It is further submitted that three separate complaints from different States i.e. Karnataka and Chhattisgarh, have been registered on the National Cyber Crime Reporting Portal against the said account, clearly reflecting the applicant’s involvement in similar transactions and establishing his criminal antecedents in three cases of like nature. Considering the gravity of the offence, the large amount involved, the inter-State ramifications, the applicant’s active role in providing banking infrastructure for the fraud, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature and gravity of the allegations, the substantial amount of Rs.87,95,000/- involved in the organized cyber fraud, the specific material collected during investigation showing that Rs.4,20,000/- of the defrauded amount was credited into the bank account of the present applicant, which was opened on the basis of his own KYC documents and admittedly handed over to a co- 5 accused for consideration, coupled with the existence of three similar complaints reflecting his criminal antecedents and inter- State ramifications of the offence, this Court is of the considered opinion that there exists a prima facie case against the applicant. Further, the possibility of the applicant absconding, tampering with evidence, influencing witnesses, or indulging in similar offences cannot be ruled out. In view of the seriousness of the offence and the larger societal impact of such cyber crimes, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Akash Indarlal Turshani, involved in Crime No. 305/2025 registered at Police Station– Purani Basti, Raipur, District Raipur, (C.G.), for the offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, and Section 66(d) of IT Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rahul Dewangan