1 2026:CGHC:12964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2525 of 2026 Navdhesh Kumar Sahu S/o Late Shri Santosh Kumar Aged About 36 Years R/o Vill- Sonsari, Ward No. 06, P.S. Mulmula, Dist.- Janjgir- Champa (C.G.) ... Applicant versus State of Chhattisgarh Through- S.H.O., P.S.Mulmula, Dist. Jangir Champa (C.G.) ... Non-Applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-Applicant/States : Ms. Anusha Naik, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18.03.2026 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No.304/2025, registered at Police Station – Mulmula, Raipur, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 420 of Indian Penal Code and Section 66C of IT Act and Sections 42(3)(E) of Tele Communication Act. 2. Earlier bail application of the applicant was rejected on merits by this Court vide order dated 09.12.2025 passed in MCRC No. 8151/2025. 3. As per the prosecution story, Police Station Mulmula, District Janjgir– Champa (C.G.), initiated an inquiry on the basis of a written complaint PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.19 17:23:39 +0530 2 received from the In-charge, Cyber Cell, District Janjgir–Champa, on 21.09.2025. It was alleged that from the Point of Sale (POS) code 7869872497BSPSAHUMOBILE, Address: 02, Sonsari Road, Ward No. 06, Janjgir–Champa (C.G.) – 495553, a total of 20 SIM cards were issued. Out of 27 SIM card holders, two customers, namely Lav Kumar Sonwani and Ravindra Kumar Patle, informed that they were not using the SIM cards registered in their names. It was further alleged that the applicant sold 27 SIM cards to different persons to obtain undue benefits. That Police Station Mulmula registered Crime No. 304/2025 for the alleged offences punishable under Section 420 of the IPC and Section 66C of the IT Act, and arrested the applicant on 21.09.2025. During the course of the investigation, Police Station Mulmula arrested the co- accused, Surendra Kumar Barman, on 12.11.2025. After completion of the investigation, a charge sheet was filed against the applicant and another co-accused for offences punishable under Section 420 of the IPC, Section 66C of the IT Act, and Section 42(3)(e) of the Telecommunication Act. The applicant has been arrested despite the fact that he has not committed any offence as alleged against him and has been falsely implicated by the prosecution in the criminal case. 4. It is respectfully submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the first bail application of the applicant was rejected on merits by this Court vide order dated 09.12.2025 passed in MCRC No. 8151/2025. This is the second bail application filed on behalf of the present applicant on the ground that, out of 16 witnesses, 03 witnesses have been examined till date. It is further submitted that as per the affidavit submitted, the four Sim numbers which has been allegedly used in fraud has been activated by the Surendra Kumar Burman 3 fraudulently by using the ID of the applicant, that the applicant was not aware about the illegal act committed by the co-accused Surendra Kumar, further the applicant has no previous criminal antecedents and the charge sheet has already been filed. The applicant has been in jail since 21.09.2025. As the trial is likely to take a considerable time for its conclusion, the applicant prays that he be released on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was rejected by this Court on the ground that during investigation, it was found that, upon receiving information regarding the fraudulent issuance of 27 mobile SIM cards, the initially registered customers were examined and they denied purchasing or using the SIM cards issued in their names. Consequently, the CAF (Customer Application Forms) of all such SIM numbers were obtained from Airtel Company. On scrutiny of the CAFs, it was revealed that POS Code 7869872497 was issued from 'Sahu Mobile', located at Sonsari Road, Ward No. 6, Janjgir-Champa, the operator of which is the present applicant, Navdhesh Kumar Sahu, who fraudulently activated the said 27 SIM cards using the identity documents of various victims for illegal gain. Investigation further revealed that the applicant used the personal documents of customers to fraudulently activate SIM cards in the names of witnesses. On the basis of evidence received from the Cyber Cell and the statements of witnesses, the memorandum statement of the applicant was recorded, wherein he admitted that he has been running 'Sahu Mobile since 2014, works as a retailer for Airtel and Jio, created his own POS Code, and gave this POS Code to one Surendra to activate SIM cards fraudulently without the knowledge of the genuine subscribers. Pursuant to his memorandum, the mobile phone used and a copy of the biometric device 'AutoZ Banking' 4 were seized, and offences under Section 42(2)(e) of the Telecom Act, 2023 were also found to be attracted. It was further found that, out of the 27 SIM cards 10 have reported online financial fraud complaints, and 6 SIM cards were used to commit financial fraud totaling Rs.2,06,54,946.21/-. Therefore, the present bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the documents available on record. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations made against the applicant, and the fact that this is the second bail application filed by the applicant, although the first bail application was dismissed by this Court on merits vide order dated 09.12.2025 passed in MCRC No. 8151/2025, a new ground has now arisen that the applicant has been in judicial custody since 21.09.2025, further out of 16witnesses, 03 witnesses have been examined, but considering the serious nature of the allegations, and also considering the fact that the fraudulent activities were carried out through the misuse of SIM cards sold from the applicant’s shop, further during the course of investigation, it was revealed that out of 27 SIM cards issued, 10 were linked to online financial fraud complaints, moreover, 6 of these SIM cards were specifically used in committing financial fraud amounting to Rs.2,06,54,946.21/-, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant - Navdhesh Kumar Sahu involved in Crime No.304/2025, registered at Police Station – Mulmula, Raipur, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 420 of Indian Penal Code and Section 66C of IT Act and Sections 42(3)(E) of Tele Communication Act, is rejected at 5 this stage. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. 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 Preeti