1 CGHC010269822026 2026:CGHC:30664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6442 of 2026 Aarif Khan Son of Mohammed Sultan, Aged About 34 Years Resident of Bajirao Mahrapara, Raigarh, Tahsil and District - Raigarh, C.G. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Cyber Police Station, Raigarh, District - Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Hari Agrawal, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 04/2026 registered at Police Station - Cyber Police Station, District - Raigarh (C.G.), for the offence punishable under Sections 61(2), 316(2), 112(2), 319(2), 318(4), 338, 336(3), 340(2), 336(4) of Bharatiya Nyaya Sanhita, 2023 and Sections 66C and 66D of IT Act 2. As per the prosecution case, in brief, is that the complainant, Ram Kumar Shukla, lodged a written complaint before the Cyber Police Station, District Raigarh, stating that he is an auto-rickshaw driver by profession. In the month of November 2025, he, along with some other persons, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.21 14:57:57 +0530 2 visited Nidhi Parivahan Centre, Darogapara, Raigarh, for the purpose of obtaining a driving licence. At the said centre, he was informed that, apart from facilitating driving licences, the centre also assisted in obtaining RTO-related documents, birth certificates, caste certificates, and character certificates. He further came to know that a matrimonial call centre was also being operated from the same premises under the name of Shanti Devi Education Society. On 12.11.2025, the complainant deposited a sum of Rs. 10/- into the bank account of Kapil Garg. Thereafter, photographs of prospective matrimonial matches were sent to him through WhatsApp, and he began communicating with the operators through mobile numbers. Between November 2025 and 13.04.2026, the complainant, on several occasions, deposited a total sum of Rs. 9,010/- into the bank account/QR code of Kapil Garg and other payment details provided by him. Subsequently, the complainant discovered that the alleged matrimonial centre was fake and that fabricated matrimonial profiles were being used to deceive customers. He alleged that he had been cheated by the owners of the centre, namely Kapil Garg, Nidhi Garg, Himanshu Mehar, Hemant Soni, and other associates. The complainant further alleged that, apart from cheating people under the guise of providing matrimonial services, the centre was also engaged in preparing forged government documents and certificates by using fake seals and signatures. Acting on the complaint, the police conducted a raid at the premises of Nidhi Parivahan Centre, where it was found that a fake matrimonial call centre was being operated with the assistance of several women employees. The investigation further revealed that the operators allegedly used edited photographs and fabricated videos to lure customers seeking matrimonial alliances and induced them to transfer money through online transactions. During the raid, several seals and 3 stamps purportedly belonging to various Government departments were also recovered, for which no satisfactory explanation was furnished. During the raid at the premises of Shanti Devi Education Society, it was found that the centre was being operated by Himanshu Mehar, who allegedly trained the women employees regarding the modus operandi of luring customers and committing fraud. Thereafter, the police arrested the owners, namely Kapil Garg, Nidhi Garg, and Himanshu Mehar, along with 23 women who were employed in the said call centre. During the course of investigation, and on the basis of the memorandum statement of the principal accused, the present applicant was arrested on the allegation that he had uploaded the Instagram and YouTube profiles of two women, namely Aaisha Khaton and Shayra Bano, who were working in the said call centre and were among the aforesaid 23 women arrested by the police. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed before the competent Court. Learned counsel contends that the main accused, Kapil Garg, is in judicial custody, while the co-accused, Nidhi Garg (his wife), has been granted regular bail by this Court vide order dated 08.07.2026 passed in MCRC No. 3986 of 2026. It is further submitted that 23 other co-accused have also been granted bail by the learned Trial Court. Learned counsel further submits that the applicant has no criminal antecedents, has been in judicial custody since 14.04.2026, and as the charge-sheet has already been filed, there is no likelihood of tampering with the evidence. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the prayer for grant of 4 bail and submits that the charge-sheet has already been filed. He further submits that upon perusal of the case diary, it appears that the main accused, namely Kapil Garg, Nidhi Garg, and the present applicant/accused, were jointly operating the call centre. The material available on record prima facie discloses the applicant's active and direct involvement in the commission of the alleged offence. The investigation further reveals that, with the object of earning unlawful gain, the applicant/accused, through mobile phones, allegedly cheated 7,997 persons by inducing them to believe that matrimonial alliances would be arranged through a matrimonial application, thereby committing cyber fraud involving an amount of Rs. 1,27,60,000/-. Hence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, and the fact that the charge-sheet has already been filed before the competent Court, further the main accused, Kapil Garg, is in judicial custody, while the co-accused, Nidhi Garg (his wife), has been granted regular bail by this Court vide order dated 08.07.2026 passed in MCRC No. 3986 of 2026, also considering the fact that 23 other co-accused persons have also been granted bail by the learned Trial Court, the applicant has no criminal antecedents, has been in judicial custody since 14.04.2026 the conclusion of the trial is likely to take some time, and the case of the present applicant is distinguished from the main accused Kapil Garg, this Court is inclined to allow the present bail application. 7. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Aarif Khan, involved in Crime No. 04/2026 registered 5 at Police Station - Cyber Police Station, District - Raigarh (C.G.), for the offence punishable under Sections 61(2), 316(2), 112(2), 319(2), 318(4), 338, 336(3), 340(2), 336(4) of Bharatiya Nyaya Sanhita, 2023 and Sections 66C and 66D IT Act, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is deliberate or without sufficient 6 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Preeti