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2026 DAILYLAW 26148 (CHH)

RITIK KUMAR JATAV v. STATE OF CHHATTISGARH

MCRC/4706/2026 · 2026-07-09

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1 CGHC010153412026 2026:CGHC:28882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4706 of 2026 Ritik Kumar Jatav S/o Bittu Jatav Aged About 22 Years R/o 296/g, Street No. 09, Baljeet Nagar, Patel Street, New Delhi. ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Torwa, Distt. Bilaspur, Chhattisgarh. ...Non-applicant For Applicant : Mr. Rajvansh Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.360/2024 registered at Police Station - Torwa, District - Bilaspur (C.G.) for the offences punishable under Section 318(4) of the BNS and Section 66, 66-D of the Information Technology Act. 2. Case of the prosecution, in brief is that the complainant/informant Neeraj Kumar Singh alleged that on 13.09.2024 he received calls from VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 17:30:27 +0530 2 unknown persons who falsely represented themselves to be officials of investigating agencies and digitally detained/threatened him on the pretext that he was involved in cases relating to human trafficking and money laundering and was under investigation by the C.B.I. It is alleged that under such threats and coercion, the complainant was compelled to transfer an amount of Rs. 16,50,047/-from his bank account to Account No. 110405003002 maintained with ICICI Bank in the name of "Falah Darain Sabiri Madarsa Samiti. Subsequently, upon realizing that he had been subjected to cyber fraud, the complainant lodged a report at Police Station Torwa, Bilaspur, on the basis of which Crime No. 360/2024 was registered against unknown persons. During the course of investigation, the KYC documents of the aforesaid bank account were obtained and it was found that the account was maintained in the name of Falah Darain Sabiri Madarsa Samiti, Kannauj (U.P.), a registered society. Thereafter, the present applicant and co-accused Asad Ahmed were apprehended and their memorandum statements were recorded before the Crime Branch, Indore (M.Ρ.). During investigation, co-accused Asad Ahmed allegedly disclosed that he and his family members were running a school and that co-accused Sahil had contacted him through Facebook on the pretext of arranging substantial donations and persuaded him to open the said bank account. It is further alleged that thereafter Sahil obtained The ATM card and cheque book relating to the account and withdrew the amounts transferred therein, including the amount allegedly extorted from the complainant and other persons. The prosecution further alleges that upon learning about the alleged conspiracy, co-accused Asad Ahmed lodged a complaint before the 3 competent Court, pursuant to which cognizance was taken and directions were issued for registration of an FIR against Sahil and Altaf. The present applicant along with co-accused Asad Ahmed was arrested on 05.05.2025 and has been in judicial custody since then. 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 FIR was initially registered against unknown persons and neither the name of the applicant nor any specific role has been attributed to him therein. It is further submitted that even if the entire prosecution case as reflected in the FIR and charge-sheet is accepted at its face value, no specific allegation of impersonation, dishonest inducement or receipt of money is made against the applicant so as to attract the ingredients of the alleged offences. Learned counsel submits that there is no technical or electronic evidence connecting the applicant with the alleged crime, inasmuch as there are no call detail records, subscriber details, IMEI mapping, voice identification, call recordings or forensic evidence linking the applicant either to the alleged mobile number or to the Skype ID relied upon by the prosecution. It is also submitted that the entire alleged amount was transferred to the bank account of a third-party entity, namely, M/s Falah Darain Sabir Madarsa Samiti, and not to the account of the applicant, and there is no material to show that the applicant received any part of the alleged proceeds of crime or derived any financial benefit therefrom. Learned counsel further submits that the only allegation against the applicant is that he was working as an employee in a call centre, which, by itself, does not constitute any offence, and there is no material to establish any prior conspiracy, 4 common intention or conscious participation on his part. It is contended that the prosecution case is based entirely on documentary and electronic evidence, all of which has already been seized and is in the custody of the investigating agency; therefore, no further custodial interrogation of the applicant is required. It is further submitted that the applicant has been in judicial custody since 05.05.2025, the trial is likely to take considerable time to conclude, and his continued incarceration would amount to pre-trial punishment. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate surety and 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 bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court and the trial is at the stage of prosecution evidence. It is further submitted that the allegations against the applicant are serious in nature and sufficient material has been collected during the investigation connecting him with the alleged cyber fraud. Learned State counsel also submits that the bail application of the co-accused has already been rejected and, therefore, the present applicant is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the 5 prosecution case that the complainant was induced by persons impersonating officials of investigating agencies to transfer an amount of Rs.16,50,047/- to the bank account of "Falah Darain", the material collected during the course of investigation, and the fact that the charge-sheet has already been filed and the trial is at the stage of prosecution evidence, this Court is of the prima facie opinion that sufficient material exists against the applicant. This Court further takes note of the fact that the bail application of the co-accused has already been rejected and, therefore, no case for grant of bail is made out in favour of the present applicant. Considering the seriousness of the allegations and the material available on record, this Court is not inclined to enlarge the applicant on bail. Accordingly, the present bail application deserves to be and is hereby rejected. 7. Accordingly, the anticipatory bail application of the applicant – Ritik Kumar Jatav, involved in Crime No.360/2024 registered at Police Station - Torwa, District - Bilaspur (C.G.) for the offences punishable under Section 318(4) of the BNS and Section 66, 66-D of the Information Technology Act, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav