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2026 DAILYLAW 23618 (CHH)

MIRZA ISMAEIL v. STATE OF CHHATTISGARH

MCRCA/946/2026 · 2026-06-28

body2026

Judgment text

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1 2026:CGHC:26380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 946 of 2026 Mirza Ismaeil S/o Mirza Yusuf Baig Aged About 32 Years R/o Post Aland Taluka Phulambari District Chh. Sambhaji Nagar (Aurangabad) Maharashtra (431-134) ...Applicant versus State Of Chhattisgarh Through- Police Station Vidhansabha District Raipur C.G. ... Respondent (Cause title taken from case information system) For Applicant : Shri Prateek Dhangar, Advocate through VC. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29/06/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.345/2025, registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.30 14:44:57 +0530 2 Vidhansabha, District Raipur C.G. for alleged commission of offence punishable under Sections 318(4), 3(5) B.N.S., 2023. 2. Case of the prosecution, in brief, is that the complainant was allegedly contacted by unknown persons posing as SBI Customer Care and Delhi Police officials, who falsely informed her that she was involved in money laundering and placed her under a so- called "digital arrest." By inducing fear and deception, they persuaded her to transfer huge amounts of money to various bank accounts on the pretext of verification by the RBI. Believing their representations, the complainant transferred a total amount of Rs. 22,83,65,000/- to different accounts. When the money was not returned and the accused stopped communicating with her, she realized that she had been cheated and lodged a report, on the basis of which the present FIR was registered for the alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant's bank account was misused by cyber fraudsters after his mobile phone and bank account were hacked, and the applicant himself is a victim of the cyber crime. Immediately after noticing the unauthorized transactions, he informed the bank, reported the matter to the Cyber Crime Cell, sought closure of his account, and fully cooperated with the investigation. It is further submitted that the investigation is complete, the charge-sheet has been filed, no recovery is to be 3 made from the applicant, and there is no direct evidence connecting him with the alleged offence except the money trail through his bank account. The applicant did not receive any wrongful gain, has no connection with the co-accused, and similarly placed co-accused persons have already been granted bail. He would submit that the applicant is a permanent resident of address shown in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he undertakes to abide by all conditions imposed by this Court. Therefore, it is prayed that the applicant be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that anticipatory bail application of the co-accused Mohd. Nazar & Mohd. Suhail have been rejected by this Court in MCRCA No.783 of 2026 on 17.06.2026. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, also considering the nature and gravity of the allegations, the money trail reflecting transfer of the defrauded amount through the applicant's bank account, further the fact that anticipatory bail application of the co-accused Mohd. Nazar & Mohd. Suhail have 4 been rejected by this Court in MCRCA No.783 of 2026 on 17.06.2026 and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Mirza Ismaeil, involved in Crime No.345/2025, registered at Police Station Vidhansabha, District Raipur C.G. for alleged commission of offence punishable under Sections 318(4), 3(5) B.N.S., 2023 is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri