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2026 DAILYLAW 30842 (CHH)

SANTOSH MANSARAM NAGRIKAR v. STATE OF CHHATTISGARH

MCRCA/1287/2026 · 2026-08-18

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Judgment text

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1 CGHC010306752026 2026:CGHC:37187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1287 of 2026 Santosh Mansaram Nagrikar S/o Mansaram Nagrikar Aged About 51 Years R/o Saimulli Colony, Fulchur, Distt. Gondia Maharashtra ... Applicant versus State Of Chhattisgarh Through The Police Station Devendra Nagar (Now Cyber Police Range Raipur), Distt. Raipur Chhattisgarh ... Non-Applicant For Applicant : Shri Raza Ali, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19/08/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.109/2026, registered at Police Station Devendra Nagar (now investigated by Cyber Police Range), District Raipur (C.G.) for alleged commission of offence punishable under KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.20 19:17:43 +0530 2 Sections 318(4) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and under Section 66 (D) of the IT Act. 2. As per the case of the prosecution, complainant Avinahs Lokhande has in the month of June 2025 has started to invest money in online trading on suggestion given in whatsapp through mobile number 9229462212 and based on which got the profits, later on through whats app link it has been adviced to the complainant to create IPO and invest more money for which the complainant has asked other friends to invest the money and the other friends has provided amounts to the complainant in his account and thereafter the complainant has invested amount of Rs. 84,63,000/- in the said link and thereafter neither the profits was given to the complainant nor any reply has been given in the said App and based on which the complainant has made the compliant and the FIR has been registered against the mobile number i.e. 9160591750 namely Raghav Sharma, 7425982779 namely Shailja & 8791931493 namely Nisha Patel in Devendra Nagar Police Station for the offences under section 318(4), 3(5) of Bharatiya Nyaya Sanhita and thereafter Section 66(D) of Information Technology Act has also been added and the matter from Devendra Nagar Police Station has been transferred to Cyber Police Range, Raipur. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the name of the applicant was not in the FIR, 3 but during course of investigation it was alleged that out of Rs. 84,63,000/- an amount of Rs. 35,00,000/- has been transferred in account no. 345405001125 of ICICI Bank which belongs to Applicants Society namely Maa Durga Urban Credit, for which the present applicant has been issued notices on 14.07.2026 and the applicant has been arrayed as an Accused. The applicant is the president of the Society namely Maa Durga Urban Credit Co- operative situated at Dist. Gondia Maharashtra and the said account of the society was operated from 2019 which is current account of the society and in current account there is no any passbook issued by the bank and on dated 24.07.2025 in the night the said account of the society got hacked and within 4 fours on the same date i.e. 24.07.2025 more then Rs. 2,86,00,000/- has deposited in the account and also got transferred to some other accounts and when the applicant seen the messages has immediately lodged the complaint on the same date at night in the online portal, the acknowledgement number of the applicants complaint is 21907250078364, the said complaint has been registered in online portal and based on which the said account has been blocked by the bank on the complaint of the applicant in order to avoid further transaction and also to avoid the loss of already deposited amounts of the society. It is pertinent to mention here that the police in the instant FIR has found the illegal transaction about Rs.35,00,000/- but true fact is that on the said night of 24.07.2025 the transaction was about 4 Rs.2,86,00,000/- and the same was complained immediately by the applicant and based on which the account has also been blocked to avoid further any loss or transaction. The applicant’s society account has been hacked and due to which various illegal transaction was done within 4 hours in one night of 24.07.2025 and which has been complained by the applicant himself in web portal and there is no any involvement of the applicant or his society and the applicant is ready to co-operate with the investigation. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that in compliance of the order passed by this Court on 10.8.2026, the concerned IO has filed his personal affidavit. Paras- 3 to 7 of the said affidavit read thus:- “3. That, the brief description of the case is that, the complainant Avinash Lokhande S/o Shri Tukaram Lokhande, Mobile Number 9229462212 has lodged a written report before the concerned Police Station to the effect that, between 02.06.2025 to 31.07.2025, one Raghav Sharma, Shailej and Nisha Patel holders of Mobile Numbers 9160591750, 7425982773 and 8791931493, through WhatsApp, made the people open an account in IND Money Company by deceiving them about getting more profit on investing in the company and committed online fraud by depositing a total amount of Rs. 84,63,000/-. On the basis of the written complaint, made by the complainant on 03.06.2026, the crime under Sections 318 (4) and 3 (5) of the BNS, 2023 and under Section 66 (D) of the IT Act, 2000 was registered and the matter was taken 5 into investigation. During the course of the investigation, the information of the bank accounts holders and mobile holders and KYC and other information of the registered mobile numbers were obtained from the concerned Bank. 4.That, during the course of investigation, it was found that, the Indusind Bank Account Number 159229462212, ICICI Bank Account Number 134701000741 being operated by the complainant Avinash Lokhande and the Canara Bank Account Number 110232879114 being operated by the wife of the complainant, have been cheated by giving false assurance of getting more profit on investing money in IND Money Company for which, online complaint has been made by the complainant vide online cyber complaint Acknowledgement Number 33308250020776 and 33308250020785. 5. That, during the course of investigation, it was found that, the present accused applicant Santosh Mansaram Nagrikar, Resident of Gondia, Maharashtra has been found to be involved in the crime, as his firm namely Maa Durga Urban Credit Cooperative Society Limited, Gondia, has received fraudulent amount of Rs. 30 Lacs and 5 Lacs totaling Rs. 35 Lacs on 24.07.2025 and the same has been credited into the ICICI Bank Account Number 345405001125 registered and operated in the name of the aforesaid firm of the present accused applicant wherein, the Mobile Number 7020104608 is found to be registered. 6.That, during the course of investigation, it was found that, against the aforesaid ICICI Bank Account Number 345405001125 registered in the name of the aforesaid firm being operated by the present accused applicant, there are total 05 online cyber complaints have been made by the various victims of the various States of the country in the National Cyber Crime Reporting Coordination Portal/1930, the details are as under: - Acknowledgement No. State District Police Station FIR No. A251115100002 KERALA ERNAKULA M CITY MATTANCHERRY 298/2025 6 21509250024494 KERALA ERNAKULA M CITY MATTANCHERRY 30807250061183 DELHI SPECIAL CELL (SB) SPECIAL CELL (SB) 30807250061184 DELHI SPECIAL CELL (SB) SPECIAL CELL (SB) 31608250102195 KARNATAKA BANGALOR E CITY West CEN Crime PS 7. That, during the course of investigation, a notice has been given on 22.07.2026 under Section 35 (3) of the BNSS, 2023 to the present accused applicant Santosh Mansaram Nagrikar, holder/operator of the registered mobile number 7020104608, registered for net banking in the accused beneficiary bank Account Number 345405001125 to present his side and submit a satisfactory reply, sent through Speed Post and Coordination Portal and after the notice was served, the present accused applicant did not appear before the concerned Police Station till today and but he has filed an anticipatory bail application before the Learned Sessions Court, Raipur and the same has already been rejected.” therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that the present applicant has been found to be involved in the crime, as his firm namely Maa Durga Urban Credit Cooperative Society Limited, Gondia has received fraudulent amount of Rs.30 Lacs and 5 Lacs totaling Rs.35 Lacs on 24.07.2025 and the same has been credited into the ICICI Bank Account Number 345405001125 registered and operated in the name of the aforesaid firm of the present applicant and further 7 considering the contents of the affidavit filed by the IO which shows the involvement of the present applicant in the crime in question, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Santosh Mansaram Nagrikar, involved in Crime No.109/2026, registered at Police Station Devendra Nagar (now investigated by Cyber Police Range), District Raipur (C.G.) for alleged commission of offence punishable under Sections 318(4) and 3 (5) of the BNS and under Section 66 (D) of the IT Act, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Barve