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2026 DAILYLAW 23994 (CHH)

YOGESH KUMAR @ AMAN v. STATE OF CHHATTISGARH

MCRC/3602/2026 · 2026-06-29

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Judgment text

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1 2026:CGHC:26679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3602 of 2026 Yogesh Kumar @ Aman S/o Shri Omprakash, Aged About 20 Years R/o Sitkahia Garathouli, Pratappur, District- Sultanpur, (U.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, (S.H.O.) P.S. Hirri, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Ravi Kumar Kashyap, Advocate. For Respondent/State : Shri Shaleen Singh Baghel, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.147/2024 registered at Police Station Hirri, District- Bilaspur (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.01 19:40:30 +0530 2 Section 420 IPC & Section 66(d) IT Act. 2. The prosecution case, in brief, is that the complainant was allegedly induced by a person posing as "Sameer Gupta" through Facebook and mobile phones on the false promise of marriage. Thereafter, by impersonating as a courier boy, CBI officer, bank manager and other officials, the accused persons fraudulently obtained substantial amounts from the complainant on the pretext of payment of customs duty, income tax and other charges. During investigation, it was found that a part of the cheated amount was transferred to the bank account of the present applicant, on the basis of which he has been implicated in the present case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that the applicant has been made an accused only because a part of the alleged cheated amount was transferred to a bank account standing in his name. The main allegations of contacting the complainant, inducing her, threatening her and committing online fraud are against other persons, whose identities are still under investigation. It is further submitted that the applicant's bank account was allegedly misused by another person after obtaining access to it and linking his own mobile numbers. The applicant had no knowledge of the alleged fraudulent transactions. He would submit that charge sheet has been filed, the applicant is in jail since 29/12/2025 and conclusion 3 of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that in compliance of the Courts order dated 21/04/2026 the Investigating Officer has filed his personal affidavit wherein it is stated that the applicant knowingly provided his bank account to co-accused Sanjay Kumar for receiving the cheated amount in lieu of commission. During investigation, he allegedly admitted that he was aware of the fraudulent scheme and permitted his bank account to be used for the offence. An amount of Rs.66,000/- was credited into his account, indicating his involvement in the conspiracy and the applicant acted in connivance with the other accused as part of an organized cyber fraud syndicate and actively facilitated the commission of the offence. He would submit that considering the nature and gravity of the offence, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that there are specific allegations against the applicant that he knowingly provided his bank account for receiving the cheated amount in lieu of commission and actively 4 facilitated the commission of the alleged cyber fraud, substantial amount was credited to his bank account, thereby it is evident that the applicant was involved in organized crime and the modus operandi reflects a well-orchestrated and large-scale financial fraud committed through digital platforms, causing substantial monetary loss and public harm, thus involvement of the applicant in the alleged offence appears to be reasonable and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find it to be a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of applicant Yogesh Kumar @ Aman involved in Crime No.147/2024 registered at Police Station Hirri, District- Bilaspur (C.G.) for the offence punishable under Section 420 IPC & Section 66(d) IT Act is rejected. 8. 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