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2026 DAILYLAW 2574 (CHH)

SANDEEP SHARMA v. STATE OF CHHATTISGARH

MCRC/10072/2025 · 2026-02-04

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1 2026:CGHC:6642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10072 of 2025 1 - Sandeep Sharma S/o Indrajeet Sharma Aged About 25 Years R/o Awas Vikas Second Room No. MZG 162 P.S. Bulandshahar, Present Address House No. 27 Rajvila, Mansarovar Park Sahada, Delhi. 2 - Saurabh Mahur S/o Tej Singh Mahur Aged About 25 Years R/o Ha.Mu. No. B-27, Mansarovar Park Sahda, Delhi. ... Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station Cyber Range, Ambikapur, District- Surguja (C.G.) ... Respondent For Applicants : Shri Nishikant Sinha, Advocate. For Respondent/State : Dr. Saurabh Kumar Pande, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.06 16:08:56 +0530 2 bail to the applicants who have been arrested in connection with Crime No.03/2025 registered at Police Station Cyber Range, Ambikapur, District- Surguja (C.G.) for the offence punishable under Sections 318 (4), 3 (5) of BNS and Section 66 (D) of IT Act. 2. Case of the prosecution, in brief, is that the complainant Ravi Mohan Goswami has lodged a written complaint before the Police Station Ambikapur, District Surguja to the effect that, the unknown persons (accused persons) through the mobile numbers 8577064555, 8424855648, 8395943211 and 9991991448 have allured the complainant of getting more money by investing in the share market and the accused persons have got installed their Mobile Applications namely Money Trade 365 and Skytrade from Play-Store and in the QR Code given by the accused persons, the complainant has deposited total Rs. 21,15,000/- in 84 installments and have defrauded the aforesaid amount from the complainant/victim, wherein Rs. 1.92 Lacs from SBI Account Number 32829474155, Rs. 1.05 Lacs from SBI Account Number 34506960656, Rs. 20,000/- from SBI Account Number 41209990733, Rs. 51,000/- from SBI Account Number 20326716390, Rs. 1,27,500/- from SBI Account Number 42610048970, Rs. 1.01 Lacs from SBI Account Number 33998537079, Rs. 1 Lac from SBI Account Number 32222472022, Rs. 1.05 Lacs from Bank of Baroda Account Number 86680100021152, Rs. 2,06,500/- from Gramin Bank Account Number 77030963395, total Rs. 21,11,500/- has been defrauded by the accused persons from the aforesaid bank accounts of the victims. On that basis, the aforesaid FIR was registered and the matter was taken into investigation. 3 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated, as they had no criminal intent or involvement in any alleged online financial fraud. They were merely employed as computer operators in an office at Dubai and had no role whatsoever in the creation, control, or operation of any alleged fraudulent trading applications, including Money Trade 365 or Sky Trade. The applicants had travelled to Dubai solely for legitimate employment after being induced by a broker in Delhi, and acted only due to unemployment. They worked for a short period of about three months, performed routine computer-related work, received regular salaries, and had no knowledge of any alleged fraudulent activities. It issubmitted that the charge-sheet itself attributes the alleged fraud to unknown persons who contacted the complainant. There is no material on record to show any direct communication, transaction, or connection between the applicants and the victims. The applicants were arrested upon their return to India without any incriminating recovery. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 08/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicants have no criminal antecedents. He would submit that in compliance of the Court’s order dated 09/12/2025 concerned Investigating Officer has filed his personal affidavit. 4 5. I have heard learned counsel appearing for the parties and perused materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, period of detention of the applicants since 08/09/2025, charge sheet has been filed, applicants have no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Sandeep Sharma & Saurabh Mahur, involved in Crime No.03/2025 registered at Police Station Cyber Range, Ambikapur, District- Surguja (C.G.) for the offence punishable under Sections 318 (4), 3 (5) of BNS and Section 66 (D) of IT Act, be released on bail on each of them furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may 5 proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri