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2026 DAILYLAW 25434 (CHH)

AMAN KUMAR SINGH v. STATE OF CHHATTISGARH

MCRC/3817/2026 · 2026-07-07

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Judgment text

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1 CGHC010138692026 2026:CGHC:28231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3817 of 2026 Aman Kumar Singh S/o- Shri Sanjay Kumar Singh Aged About 25 Years Resident Of Kanholi, Garhwal, (Bisunpur Parsi) Police Station- Mahua District- Vaishali (Bihar) ...Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Sakri, District- Bilaspur (C.G.) …Non-applicant For Applicants : Mr. Pramod Shrivastava, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 718/2025, registered at Police Station : Sakri, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4), 111(4) of the BNS 2023, and Section 66(D) of the Information Technology Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.08 18:29:28 +0530 2 2. The prosecution story, in brief, is that the complainant, Rajesh Pandey, submitted a written complaint at Police Station Sakri, District Bilaspur, stating that he is a resident of Nature City, Sakri, and is engaged in the medical business. According to the complaint, on 12.02.2024 at about 2:00 PM, he received a phone call from Jitesh Trivedi, who represented that he could arrange a loan at a low rate of interest under the PM Samriddhi Yojana through Shriram City Union Finance Limited, Mumbai Branch. Believing the representation, the complainant sent his documents online. Thereafter, he was informed that he was eligible for a loan of Rs.70,00,000/- along with a 30% subsidy and was asked to deposit various amounts towards processing fees, insurance charges, and other expenses. Acting on such representations, the complainant transferred different amounts through UPI and IMPS on various dates. However, despite making repeated payments, neither was the loan sanctioned nor was the deposited amount refunded. It is alleged that, by inducing the complainant on the false promise of sanctioning a loan, Jitesh Trivedi and his associates dishonestly obtained an amount of approximately Rs.73,23,291/- from the complainant. On the basis of the said complaint, Crime No. 718/2025 was registered at Police Station Sakri, District Bilaspur (Chhattisgarh) for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 66(D) of the Information Technology Act, and during the course of investigation, the present applicant and other co-accused persons were implicated in the case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is 3 contended that the allegations against the applicant are false, fabricated and an afterthought. Learned counsel submits that the applicant had gone to Uttam Nagar West, Delhi, for pursuing coaching and was residing with his co-villager, Vikas Kumar, who was working as a Blinkit delivery agent. It is submitted that the alleged offence was committed by the said Vikas Kumar and the applicant has no role whatsoever in the alleged transactions. Learned counsel further submits that the bank account referred to by the Cyber Cell, alleged to be in the name of Aman Kumar Singh, in fact belongs to Vikas Kumar, and the applicant neither maintains any such bank account in Delhi nor has any connection with the alleged financial transactions. It is contended that the applicant has been implicated merely because he was seen in the CCTV footage near an ATM at the time of cash withdrawal, which by itself does not establish his involvement in the alleged offence. Learned counsel further submits that the applicant is a student and his continued incarceration would seriously prejudice his education and future, besides exposing him to the company of hardened criminals. It is also submitted that the applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses. The applicant undertakes to cooperate with the trial, not to leave India without prior permission of the Court, and to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting him regular bail. 4. On the other hand, learned State Counsel appearing for the State opposes the bail application and submits that the charge-sheet has 4 already been filed before the competent Court. It is submitted that the present FIR bearing Crime No. 718/2025 has been registered at Police Station Sakri, District Bilaspur (C.G.), for the offences punishable under Sections 318(4) and 111(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act. During the course of investigation, it was revealed that the bank account bearing No. 657500700009732 of YES Bank, which was used for routing the cheated amount in the present cyber fraud, stood in the name of co-accused Vikas Kumar, whereas the mobile number linked with the said account was found to be registered in the name of the present applicant, Aman Kumar Singh. Learned State Counsel further submits that the memorandum statement of co-accused Vikas Kumar discloses that the present applicant induced him to open the said bank account for receiving the cheated amount on the assurance of payment of commission. It is further submitted that, after the cheated amount was credited into the said account, the present applicant, along with Vikas Kumar, withdrew the money through ATM and cheques and handed it over to co-accused Ashwani Kumar, and the present applicant paid commission to Vikas Kumar. Learned State Counsel further submits that the memorandum statement of the present applicant also reveals that he knowingly joined the conspiracy with co-accused Ashwani Kumar for monetary gain, arranged the bank account of Vikas Kumar for receiving the cheated money, and received Rs.80,000/- as commission for his role in the offence. It is further submitted that an amount of Rs.2,76,914/- was transacted through the said bank account and that an iPhone 16 and a SIM card were seized from the possession of the present applicant during 5 investigation. Learned State Counsel contends that the material collected during investigation clearly establishes the active involvement of the present applicant in an organized cyber fraud racket and indicates that he was a member of a criminal syndicate involved in cheating innocent persons by offering fictitious loans at low interest rates. Therefore, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions advanced by learned counsel for the parties, the facts and circumstances of the case, the nature and gravity of the allegations, the material collected during the course of investigation, the fact that the charge-sheet has already been filed, and further considering that the investigation prima facie reveals that the present applicant played an active role in an organized cyber fraud racket by arranging bank accounts for routing the cheated amount, facilitating withdrawal of the cheated money, receiving commission for his role, and acting in concert with the other co-accused persons, coupled with the memorandum statements of the co-accused as well as the applicant, the bank transactions, electronic evidence, and the seizure of an iPhone 16 and SIM card from his possession, this Court is of the view that there is sufficient prima facie material indicating the involvement of the applicant in the commission of the alleged offences. The allegations also disclose that the applicant was a member of a criminal syndicate engaged in cheating innocent persons on the false promise of sanctioning loans at concessional rates. 6 Looking to the seriousness of the allegations, the organized nature of the crime, the amount involved, and the specific role attributed to the applicant, this Court is not inclined to extend the benefit of regular bail to the applicant. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Aman Kumar Singh involved in Crime No. 718/2025, registered at Police Station : Sakri, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4), 111(4) 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav