1 2026:CGHC:26682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3586 of 2026 Somnath Kumar, S/o Shri Manoj Kumar Mahto, Aged About 27 Years, R/o Village - Birpur, Ward No.06, Khurunda, Post Hasanpur, Thana Hasanpur, Distt.- Samastipur (Bihar) (Address Correctly Mentioned) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Cyber Police Raipur Range, Distt.- Raipur (C.G.) (Particulars Mentioned Correctly) ... Non-applicant _____________________________________________________ For Applicant :Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.22/2026 registered at Police Station Cyber Police, Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.01 19:40:29 +0530 2 Range/Vidhan Sabha, District Raipur (C.G.), for the offence under Section 318(4) of BNS, 2023 as also under Section 66(D) of the IT Act. 2. The prosecution case, in brief, is that on 17.01.2026, the complainant lodged a written report alleging that he was induced by unknown persons, who impersonated officers of the Mumbai Crime Branch and placed him under a so-called "digital arrest", to disclose his bank account and fixed deposit details and thereafter transfer a total sum of Rs.1,28,00,000 through RTGS to various bank accounts on the false pretext of investigation. Accordingly, Crime was registered for the aforesaid offences and the investigation was subsequently transferred to the Range Cyber Police Station, Raipur. During investigation, one of the beneficiary bank accounts was found to be linked with mobile number 9217167118, allegedly belonging to the present Applicant. Upon being served with notice, the Applicant's memorandum statement was recorded, wherein he allegedly disclosed that he had sold the said mobile number to his friends namely Shivam Gupta, Shivam Chaudhary, Aryan Singh and Sayan Debnath for Rs.10,000, whereafter he was arrested in connection with the present crime. Hence, this application. 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 is neither named in the FIR nor is he 3 the beneficiary of the alleged fraud and no recovery has been effected from his possession and the only allegation against him is that he had allegedly sold his mobile SIM card, without any knowledge that it would be used for commission of the alleged offence and there is no material to show his involvement in the cheating or that he derived any benefit therefrom. It is further submitted that the bank account through which the alleged transactions took place was opened and operated by the co- accused persons and the Applicant has no connection with the said account except that the linked mobile number allegedly belonged to him. He further submits that the Applicant is a young B.Pharm student with no criminal antecedents, has been in judicial custody since 16.03.2026 and the trial is likely to take considerable time to conclude, therefore, he may be granted bail. 4. Per contra, learned State Counsel opposes the bail application and submits that pursuant to the order dated 21.04.2026, an affidavit of the Investigating Officer has been filed, wherein it has been stated that the present case pertains to a well-organized cyber fraud wherein the complainant was subjected to a "digital arrest" and was dishonestly induced to transfer a total sum of Rs.1,28,00,000/- to various bank accounts. It is stated that during investigation, one of the beneficiary bank accounts, maintained in the name of a company controlled by the co-accused persons, was found to be linked with mobile number 9217167118, which stood registered in the name of the present Applicant. It is further 4 stated that upon being served with notice, the Applicant appeared before the Investigating Officer and in his memorandum statement, allegedly admitted that he had sold the said SIM card to the co-accused persons for Rs.10,000/- with knowledge that it would be be used for cyber fraud and that the amount received by him was spent for his personal use. It is further submitted that the Applicant's SIM card was linked to the bank account used for receiving the cheated amount and was instrumental in operating the account through OTPs and internet banking. It is submitted that the affidavit further discloses that multiple cyber fraud complaints have been traced to the said bank account through the National Cyber Crime Reporting Portal, indicating the organized nature of the offence and therefore, having regard to the gravity of the offence and the material collected during investigation, the Applicant is not entitled to the benefit of bail and the application deserves to be rejected. 5. Having heard learned Counsel for the parties, perused the case diary as well as the affidavit filed by the Investigating Officer pursuant to the order dated 21.04.2026. It is evident that the material collected during investigation prima facie reveals that the mobile number registered in the name of the present Applicant was linked with one of the beneficiary bank accounts into which a part of the defrauded amount was transferred. The affidavit of the Investigating Officer further indicates that the Applicant, in his memorandum statement, allegedly admitted to having sold the 5 said SIM card to the co-accused for monetary consideration with knowledge that it would be used in cyber fraud. The investigation also discloses that the said bank account is linked with multiple cyber fraud complaints, indicating the organized nature of the offence, therefore, considering the gravity of the allegations, the nature of the material collected during investigation and without further expressing anything on the merits of the case, this Court is of the considered opinion that no case for grant of bail is made out. 6. Accordingly, the bail application of the applicant – Somnath Kumar involved in Crime No.22/2026 registered at Police Station Cyber Police, Raipur Range/Vidhan Sabha, District Raipur (C.G.), for the offence under Section 318(4) of BNS, 2023 as also under Section 66(D) of the IT Act is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri