1 2026:CGHC:22675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3135 of 2026 Abdul Mushahid Khan S/o Late Abdul Hafeez Khan, Aged About 51 Years R.O House No. 79, Purkhana Ahmed Ka Makan, Dr. Kazi Gali, Green Park, Sector- 01, P.S. Chandan Nagar, District Indor (M.P.) ... Applicant versus State Of Chhattisgarh Through Police Station Kabir Nagar, District – Raipur (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Chandra Gupta, Advocates. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.05.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 283/2024, registered at Police Station – Kabir Nagar, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 318(4) of the BNS. 2. Case of the prosecution, in brief, is that the complainant, Sumit Kumar Shukla, was allegedly defrauded of approximately ₹46,00,000 through WhatsApp group named "861-HSBC Asset Management" and a mobile application called "HSBCIA". Investigations revealed that on December 17, 2024, significant sums were transferred via RTGS from the complainant's account to account number 1515020000000619 at Utkarsh Small Finance Bank. This account belongs to a firm named RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 "National Traders," which is officially registered in the name of the accused, Abdul Mushahid Khan. Based on these bank statements and registration documents, the prosecution alleges that the accused conspired with others to induce the complainant into trading with promises of high profits, eventually stalling withdrawals and demanding additional commissions. Consequently, the accused is charged under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS) for cheating. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It is further submitted that no incriminating material or proceeds of crime have been recovered from the applicant. The entire case is based on such conjecture and surmises without any direct material evidence against the applicant. The applicant is in jail since 21.12.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that the material collected during investigation clearly reveals a deep- rooted, structured and profit-oriented criminal conspiracy in which the present applicant has played an indispensable and conscious role in facilitating the commission of large-scale cyber frauds affecting numerous innocent citizens across the country. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. In compliance of the Court’s order dated 08.04.2026, the Investigating Officer of the case, Police Station – Kabir Nagar, District – Raipur (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, and paragraphs 6 to 9 of the said affidavit are quoted here as under: “6. That, during the course of investigation, the information regarding the bank statement of Kotak Mahindra Bank and Union Bank of the complainant was obtained and a site map of the incident was prepared and a statement was taken from the complainant to the Account Number 1515020000000619 of the accused' Utkarsh Small Finance Bank, Rs. 7 Lacs from Union Bank Account Number 54090116000001 and Rs. 12,92,271/- from Account Number 540905010000132 and a total of Rs. 22,42,571/- from other accounts have been transferred online. The information was obtained about the accused Utkarsh Finance Bank Account Holder, Director of a company named M/s National Traders, who was found to be the present accused applicant Abdul Mushahid Khan, Resident of Indore, Madhya Pradesh. 7. That, during the course of investigation, a team was formed to trace the present accused applicant and sent to Indore and on finding him, the present accused applicant was taken into custody and brought to the Police Station Kabir Nagar, Raipur. 8. That, during the investigation, the present accused applicant mule bank account holder was summoned and questioned and his memorandum statements was taken infront of the relevant witnesses wherein he has categorically deposed that, his friends Javed, alongwith Rudra Pratap Sharma and Imran Rabbani, added the complainant Sumit Kumar Shukla to the aforesaid WhatsApp Group on 04.11.2024 and by promising higher profits in trading, he was made to download an application named HSBCIA and by luring him with the promise of higher profits, they cheated Sumit Kumar Shukla/complainant by making him deposit of Rs. 22,42,571/- in their aforesaid bank account. 9. That, the aforesaid Utkarsh Small Finance Bank Limited Bank Account Number 1515020000000619, Branch at Indore, Madhya Pradesh was found in the name of the 4 present accused applicant Abdul Mushahid Khan wherein, an amount of Rs. 2 Lacs on 16.12.2024, Rs. 10,92,572.21/- on 17.12.2024, Rs. 5 Lacs on 17.12.2024, Rs. 2 Lacs on 17.12.2024 and Rs. 2.5 Lacs on 17.12.2024 (total amount of Rs. 22,42,571.21/-) have been deposited online into the aforesaid bank account of the present accused applicant by the bank account of the complainant.” 7. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and upon due consideration of the affidavit filed by the Investigating Officer pursuant to the order of this Court, and the material collected during the course of investigation, it transpires that a prima facie case is made out against the present applicant. The record reflects that the complainant Sumit Kumar Shukla, resident of Heerapur, Raipur, was induced to join a WhatsApp group namely “861-HSBC Asset Management” and was lured into investing money in trading activities on the assurance of exorbitant profits. During the course of such inducement, the complainant was made to deposit substantial amounts in different bank accounts through an application namely “HSBCIA”. Subsequently, when the complainant attempted to withdraw the profit amount, additional commissions and charges were demanded and threats were also extended to him. In this manner, the complainant was allegedly cheated of approximately Rs. 46,00,000/-, pursuant to which Crime No. 283/2024 came to be registered at Police Station Kabir Nagar, Raipur for the offence punishable under Section 318(4) of the BNS. 8. During the course of investigation, the bank account details and transaction statements of the complainant were obtained, which revealed that an amount of Rs. 22,42,571.21/- had been transferred into Utkarsh Small Finance Bank Account No. 1515020000000619, 5 maintained in the name of the present accused applicant Abdul Mushahid Khan, who was found to be associated with a company namely M/s National Traders, situated at Indore, Madhya Pradesh. The investigation further reveals that a police team was constituted and sent to Indore for tracing the present accused applicant, whereafter he was apprehended and brought to Raipur for interrogation. The memorandum statement of the present accused applicant, recorded in the presence of witnesses, discloses that he, along with co-accused persons namely Javed, Rudra Pratap Sharma and Imran Rabbani, had added the complainant to the aforesaid WhatsApp group and induced him to invest money on the pretext of higher returns in trading activities through the application “HSBCIA”. The accused applicant has further admitted that the complainant was made to deposit an amount of Rs. 22,42,571.21/- into the aforesaid bank account. The bank records further substantiate that different amounts, namely Rs. 2,00,000/-, Rs. 10,92,572.21/-, Rs. 5,00,000/-, Rs. 2,00,000/- and Rs. 2,50,000/-, were credited into the aforesaid account of the accused applicant from the complainant’s bank accounts between 16.12.2024 and 17.12.2024. Further, an online cyber complaint bearing Acknowledgement Number 33312240026359 has also been registered on the National Cyber Crime Reporting Coordination Portal/1930 with respect to the aforesaid fraud. 9. Considering the nature and gravity of the offence, the magnitude of the transactions involved, the organized modus operandi adopted by the accused persons, and the possibility of the applicant absconding or influencing witnesses if enlarged on bail, this Court is not inclined to 6 grant the benefit of bail to the applicant at this stage. 10. Accordingly, this first bail application of applicant – Abdul Mushahid Khan, involved in Crime No. 283/2024, registered at Police Station – Kabir Nagar, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 318(4) of the BNS, is rejected at this stage. 11. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 12. 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 Rajshekhar