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2026 DAILYLAW 1840 (CHH)

RAVI KUMAR MISHRA v. STATE OF CHHATTISGARH

MCRCA/1738/2025 · 2026-01-20

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1 2026:CGHC:3664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1738 of 2025 Ravi Kumar Mishra S/o Shri Digambar Mishra Aged About 31 Years R/o Yadav Para, Balaji Nagar, Ward No. 32, Zone-2, Khursipar Bhilai, District Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - P.S. Bhoramdev, District Kabirdham (C.G.) ... Non-Applicant For Applicant : None. For Non-applicant : Ms. Anusha Naik, Dy. G.A Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.01.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.28/2025 registered at Police Station Bhoramdev, District Kabirdham (C.G.) for the offence punishable under Sections 317(4), 318(2), 62(2) and 111 (iii) BNS, 2023. 2. Case of the prosecution is that on 06.06.2025, an inquiry was initiated on the directions of the Superintendent of Police, District SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.24 12:59:49 +0530 2 Kabirdham, regarding suspicious cyber financial transactions. During the said inquiry, it was found that certain amounts, allegedly derived from cyber fraud activities, had been credited into ICICI Bank Account No. 98705500082, IFSC Code ICIC0000987, standing in the name of M/s Bhoramdev Krishi Kendra, Village Chikhli, Tehsil Bodla, operated by one Namdev Sahu. On the basis of the said inquiry, an FIR bearing Crime No.28/2025 was registered for offences punishable under Sections 317(4) and 318(2) of the Bhartiya Nyaya Sanhita, 2023 against Namdev Sahu. During the course of investigation, several persons including Namdev Sahu, Satyanarayan Dubey and Devendra Sahu were examined by the investigating agency. The case against the present applicant is that his name surfaced only on the basis of the memorandum statement of co-accused Devendra Sahu, who allegedly stated that the applicant had asked him to arrange a bank account, ATM card, cheque book, and SIM card through which, large sums could be earned and that the banking details of Namdev Sahu were provided to him through Satyanarayan Dubey. It is further alleged that except for the said uncorroborated statement of one co-accused person, there is no material on record to connect the applicant with the alleged cyber fraud transactions. Hence, this application is filed. 3. Learned State Counsel opposes the bail application and submits that charge sheet has been filed in this case. He further submits that in compliance of the Court’s order dated 04.12.2025, the Investigating Officer has filed his personal affidavit. 3 4. I have heard learned counsel for the State and perused the case diary. 5. In compliance of the Court’s order dated 04.12.2025, the Investigating Officer Lalman Sao has filed his personal affidavit, which reads as under:- “XXX XXX XXX 3. That, in compliance of the Hon'ble Court's order, it is most humbly and respectfully submitted that, the Government of India, Ministry of Home Affairs, has created a Cyber Crime Reporting Portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them and by filling the information of mobile numbers and bank accounts used in cyber fraud. 4. That, the Ministry of Home Affairs, Government of India has established a Cyber Crime Reporting Portal to prevent cyber crime in India. The victims of cyber crime can report online by detailing their cyber fraud, including the mobile number and bank account used in the fraud. These are the bank accounts used by cyber crime offenders to launder fraud proceeds. 5. That, the brief description of the case is that, upon perusal of the records of one mule account bearing No. 98705500082 of ICICI Bank, it was found that, the account holder namely M/s. Bhoramdev Krishi Kendra, Village Chikhli, Post Rajanawagaon, had taken amount of cyber fraud in its account in the year 2023 and 2024 after which, the investigation was carried out and the account holder stated that, the accused Satyanarayan Dubey had told him to provide the bank account details and other documents and the commission received by them i.e. Rs. 40,000/- was equally distributed between the account holder Namdev Sahu and Satyanarayan Dubey. Later on, upon receipt of large amount, they asked they band to hold the amount and changed the mobile number. 6. That, on the basis of which, the Crime No. 28/2025, registered at Police Station Bhoramdev, District Kabirdham (C.G.) has been registered against the accused Applicant and other accused persons 4 for the offence punishable under Sections 317 (4), 318 (2), 62 (2) and 111 (3) of the Bhartiya Nyay Sanhita, 2023 and the matter was taken into investigation. 6. That, during the course of investigation, the memorandum statements of the accused persons have duly been recorded wherein, the accused Satyanarayan Dubey has deposed in his memorandum statement that, the accused Devendra Sahu had told him that, he can earn money by giving account details and ATM and SIM Cards, thereafter, the accused Dubey was apprehended wherein, he took the name of main present accused applicant Ravi Mishra/present accused applicant in his memorandum. 7. That, the memorandum statement of the accused Devendra Sahu has also duly been recorded wherein, he has categorically deposed that, he works as Manager at Angan Dhaba, Junwani. Earlier, he was working for admission at Rungata College which office is situated at Surya Mall, Bhilai where, he acquainted with one Abhishek Dubey and his father Satyanarayan Dubey. He further deposed that, he also knows the present accused applicant Ravi Mishra/present accused applicant, who lives in Bhilai Khursipar whose mobile number is 7509044448. The present accused applicant Ravi Mishra had told him that, he works in transport and had said that, if he wants to do some work or earn money, then he should come to him. Thenafter, he had gone to meet him regarding work and the said present accused applicant Ravi Mishra had asked him to arrange the mobile number registered in the account, ATM, Cheque Book, Account and had said that, he would given him Rs. 50,000/- for each account through which, they can earn a lot of money. Then he had asked the accused Satyanarayan Dubey to arrange the mobile number registered in the account, ATM, cheque book account due to good acquaintance with him, accused persons namely Satyanarayan Dubey and Namdev Sahu came to him in Bhilai and the accused Namdev Sahu came to him at the Tea Shop in Smriti Nagar and gave him his account, ATM, cheque book account and he had brought the SIM card for the mobile number registered with the bank account, ATM and cheque book. A few days after providing the mobile number registered with the account, ATM and cheque book, he also introduced the accused Satyanarayan Dubey to present accused applicant Ravi Mishra. It is further deposed by him that, he has not yet received any money from 5 the present accused applicant Ravi Mishra in exchange for providing the mobile number registered with the bank account, ATM and cheque book. The said accused Satyanarayan Dubey informed him a few days later that, Lacs of Rs. Had come and gone from Namdev Sahu's bank account number. 8. That, the accused Satyanarayan Dubey has also deposed in his memorandum statement that, he is resident of Village Kuruwa, Police Station Singhanpuri Jungle, District Kabirdham, Chhattisgarh and works as a farmer. The accused Namdev Sahu used to take care of his farm and earn money from Regha. Two years ago, he had gone to Bhilai to get his son Abhishek Dubey admission in College at Sruya Mall, Bhilai where, he went and met the college clerk Devendra Sahu whose mobile numbers are 6262555508 and 9201729162 and talked to him about his son's admission in college. When he did not get admission in the said college, the accused Devendra Sahu told him about earning Lacs of Rs. Sitting at home. For this, he needs an account, ATM Card, mobile number linked to the account, SIM and people. He gave him his mobile number and said that, if he wants to work, then meet him. He told this to his friend Namdev Sahu who agreed to give his Krishi Kendra Account ATM Card and the mobile number linked to the account. Then he spoke to the accused Devendra Sahu on his mobile number via Whatsapp Voice Call and gave him information about Namdev Sahu. It is further deposed by him that, a few days later, he received a call from an unknown person, who using the name of the accused applicant Devendra Sahu, told him about the work and asked them to bring the Gandai with Passbook, ATM and SIM card, then Namdev Sahu and he went to Gandai and gave Namdev Sahu Bank Account Number 987505500082, Passbook, ATM card, and SIM card of the registered mobile number 8085993870. He was told that, the work would start in a few days. A few days later, around Lacs of Rs. Came into Namdev Sahu aforesaid bank account number from which, Namdev Sahu and he received their commission money and he has withdrawn Rs. 20,000/- each and distributed it. 9. That, during investigation, it was found that, there are 56 online complaints made by the complainants in various States of the country in Cyber Crime Reporting Portal against the bank account of the accused Namdeo Sahu vide ICICI Bank Account Number 6 98705500082 which was being used by the present accused applicant. 11. That, a total amount of Rs. 2,18,42,478/- has been credited into the aforesaid bank account of the accused Namdeo Sahu, which was being used by the present accused applicant and a total amount of Rs. 2,09,49,666/- has been withdrawn by the accused persons. 12. That, during investigation in this case, mobile phone used in the incident, Aadhar Card, ATM Cards of the aforesaid bank accounts, Passbooks of the co accused have been seized from the accused Applicant in front of witnesses. 13. That, if the present accused applicant is granted bail, the same will have an adverse effect on the investigation of the case and his morale will be boosted and he will again form his own gang and repeat the serious crime like cyber fraud which will create resentment in the society. Therefore, if he is granted bail, he will certainly influence the evidence, which will have an adverse effect on the investigation of the case, which will create resentment in the society, as he has been absconding since the subject cyber crime and after due considerable efforts made by the concerned police authorities, his whereabouts is still being traced out. 14. That, the Deponent herein is duty bound to adhere and comply with the direction issued by this Hon'ble Court from time to time and it shall be his most sincere endeavour to ensure implement action with the coordination of the Police Officials as early as possible. 15. That, the contents of the attached Affidavit at Paragraphs No. 01 to 14, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 6. Perusal of the affidavit filed by the Investigating Officer goes to show during investigation, 56 online complaints were found to be made by complainants in various States in Cyber Crime Reporting Portal against co-accused Namdeo Sahu vide ICICI Bank Account Number 98705500082, which was being used by the present applicant and mobile phone used in the offence, adhar cards and 7 ATM cards of the said Bank Account, pass books of the co-accused were seized from the possession of the applicant, hence, this Court does not find it to be a fit case to grant anticipatory bail to the applicant. 7. 7. Accordingly, the anticipatory bail application of applicant Ravi Kumar Mishra involved in Crime No.28/2025 registered at Police Station Bhoramdev, District Kabirdham (C.G.) for the offence punishable under Sections 317(4), 318(2), 62(2) and 111 (iii) BNS, 2023, is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya