1 2026:CGHC:26659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2874 of 2026 Shambhuram Yadav S/o Hariram Yadav, Aged About 28 Years R/o Sharabkombo, Police Station And Tahsil Bagicha, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Torwa, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Harish Khuntiya, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 30.06.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 133/2025 registered at Police Station – Torwa, District- Bilaspur (C.G.), for the offences punishable under Sections 318(4) & 3(5) of the BNS 2023 and Section 66(D) of the Information Technology Act. 2. The prosecution story in brief is that on 28.03.2025, the complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.02 11:11:10 +0530 2 Sudhir Kumar Vastrakar lodged report at Police Station, Torwa, alleging therein that on 03.03.2025 he received whatsapp message on his mobile no. 7999396312 from mobile no. 7722986055 in which Mono of Central Bank of India was tagged and on clicking the said tag, the mobile of complainant was hacked and thereafter the amount of Rs. 3,32,020.18 was transferred from his Central Bank of India Account No. 1698994294 (in six times). On the basis of said report, the offence was registered against the holder of mobile no. 7722986055. During course investigation, the location of said mobile number was detected and the applicant was arrested. 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 has neither committed any online fraud nor cheated the complainant. It is further submitted that, in the year 2025, the applicant had gone to Raichur, Karnataka, in search of livelihood, where he came into contact with Goutam Bhaumik and Sameer Aalam, who used and operated the applicant's mobile phone, and it is they who allegedly committed the online fraud with the complainant. It is further submitted that the offences alleged are triable by the Magistrate and are not punishable with death or imprisonment for life. The applicant is the sole breadwinner of his family and his continued incarceration would cause severe financial hardship to his dependents. It is also submitted that the applicant has been in judicial custody since 15.02.2026 and that the trial is likely to take considerable time to conclude. The applicant is a permanent resident of the address mentioned in the cause title and, therefore, there is no likelihood of his absconding or tampering with the 3 prosecution evidence or influencing the witnesses. It is further submitted that the applicant undertakes to appear before the trial Court on every date of hearing, shall not misuse the liberty of bail, is ready and willing to furnish adequate surety, and shall abide by all such terms and conditions as may be imposed by this Hon'ble Court. On these grounds, it is prayed that the applicant be enlarged on regular bail. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed. It is contended that, in compliance with the order dated 15.06.2026 passed by this Court, the Investigating Officer has filed his affidavit disclosing the material collected during the course of investigation. It is submitted that, as per the prosecution case, the complainant received a fraudulent WhatsApp message impersonating the Central Bank of India, and upon clicking the link, his mobile phone was compromised, resulting in an unauthorized transfer of Rs.3,32,020.18/- from his bank account through six separate transactions. During investigation, it was found that the mobile number used in the commission of the offence was registered in the name of the present applicant. It is further submitted that the applicant, in his memorandum statement recorded during investigation, disclosed that while working at Raichur, Karnataka, he came into contact with co-accused Goutam Bhoumik and Sameer Alam, who induced him to share his mobile number for monetary gain. The applicant allegedly admitted that the said mobile number was used by the co-accused for committing the cyber fraud, that the SIM card was operated through a separate keypad phone while the linked account was operated from an Oppo mobile phone seized during 4 investigation, and that he received an amount of Rs.1,50,000/- out of the defrauded money, which he utilized for construction of his house. It is, therefore, submitted that the applicant was an active participant in the commission of the offence and there is sufficient material connecting him with the crime. Hence, considering the nature and gravity of the offence and the active role of the applicant, it is prayed that the bail application be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and upon due perusal of the case diary as well as the affidavit filed by the concerned Investigating Officer, this Court finds that the mobile number through which the alleged cyber fraud was perpetrated was registered in the name of the present applicant. During the course of investigation, the applicant is stated to have disclosed his association with the co-accused and admitted that he had shared his mobile number with them for monetary consideration. The investigation further reveals that the applicant allegedly received an amount of Rs.1,50,000/- out of the proceeds of the crime, which, according to the prosecution, was utilized by him for construction of his house. The charge-sheet has already been filed, and the material collected during the course of investigation prima facie indicates the involvement of the applicant in the commission of the alleged offence. Considering the nature and gravity of the allegations, the specific role attributed to the applicant, and the material collected during investigation, this Court is of the opinion that no case for grant of bail is made out at this stage. 5 Accordingly, without expressing any opinion on the merits of the case, this Court is not inclined to enlarge the applicant on bail and, therefore, the bail application stands rejected. 7. Accordingly, the bail application of the applicant namely, Shambhuram Yadav, involved in Crime No. 133/2025 registered at Police Station – Torwa, District - Bilaspur (C.G.), for the offences punishable under Sections 318(4) & 3(5) of the BNS 2023 and Section 66(D) of the Information Technology Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav