1 CGHC010284262026 2026:CGHC:37193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6792 of 2026 Sheikh Aavesh S/o Sheikh Masood Aged About 32 Years R/o Sadat Nagar, Street No.19, P.S. Satara District- Aurangabad (Maharashtra) ... Applicant versus State Of Chhattisgarh Through- P.S. Cyber Cell Janjgir District- Janjgir- Champa (C.G.) ... Non-Applicant For Applicant : Miss Mamta Mahilange, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19/08/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.01/2026 registered at Police Station Cyber Cell, Janjgir, District Janjgir-Champa (C.G.) for the offence under Section 66 (D) of the IT Act and under Section 318 (4) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.20 19:26:27 +0530 2 2. The prosecution case, in brief, is that on 29.01.2026, the complainant Rajesh Kumar Soni appeared before the Cyber Cell of Police Station Janjgir, District-Janjgir Champa Chhattisgarh in connection with the incident that took place between 07.12.2025 to 14.01.2026 and filed a report by submitting a written application to the effect that the complainant had downloaded the Telegram mobile application on his mobile. A few days after, the complainant downloaded the said mobile application, on 07.12.2025, a girl named Revathi Pillai contacted the complainant via Telegram, telling him about her company and promising him profits if he invested in her company. The complainant came in deception of Revathi Pillai's and then she added the complainant in a Telegram mobile application group called WOS GROUP WJM 122. The group received a steady stream of offers, and the complainant, deposited a total Rs.27,26,614/- into various bank account numbers between 12/12/2025 and 18/12/2025, as per the promise of doubling the amount in online trading. On the basis of written complaint of the complainant, crime number 01/2026 under section 318 (4) B.N.S. 2023 and section 66 (D) IT Act 2000 was registered in Police Station Cyber Cell Janjgir District-Janjgir Champa and matter taken into investigation. During investigation, bank account statements of the accused and complainant were obtained. On the basis of call details and account statements, the police detained the accused Sheikh and Abdul Wahib as suspects and upon questioning, the accused/applicant told the police that he had used 3 his mobile number 7499283338 in the month of January 2026 and linked it with the bank account and the co-accused Abdul Wahid said to the accused Sheikh Aavesh that a boy deposited ₹42,000 then the applicant withdrew ₹42,000 from his ATM and gave the amount to Abdul Wahid and in turn the accused Abdul Wahid gave Rs.1000/- as commission. Thereafter after completion of investigation, a charge sheet has been filed by the Cyber Cell of Janjgir Police Station. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. There is no allegation in the FIR or complaint that the present applicant ever contacted the complainant or any victim, or that he personally induced anyone to transfer funds, or that any complainant has identified him as the person who deceived them. The main allegation is against Revathi Pillai and other members of the Telegram group, and cyber-fraud operators who contacted victims and induced them to transfer funds, whereas the applicant is only alleged to have provided his account. There is no material to show that the applicant had any direct contact with complainant/victims or shared in the entire alleged proceeds. The prosecution case, even if taken at its face value, at best indicates that the applicant's bank account was used for routing some transactions by third parties; the actual role of inducement, deception, threats and online fraud is attributed to other persons whose identity is still under investigation, which demonstrates that 4 the applicant is, at most, a peripheral and not the principal accused. The applicant does not have any criminal antecedent. The charge sheet has been filed and the applicant is in jail since 22.04.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that in compliance of the order passed by this Court on 28.7.2026, the concerned I.O. has filed his personal affidavit. Paras-5 to 9 of the said affidavit read thus:- “5.That, the brief description of the case is that, on 29.01.2026, the complainant Rajesh Kumar Soni lodged a report before the Police Station Range Cyber, District Janjgir Champa in connection with the incident that, took place between 07.12.2025 to 14.01.2026, as the complainant had downloaded the Telegram Mobile Application on his mobile. A few days earlier, on 07.12.2025, a girl named Revathi Pillai contacted the complainant via Telegram telling him about her company and promising him profits if he invests in her company. The complainant came in deception of Revathi Pillai and then she added the complainant in a Telegram Mobile Application Group called WOS Group WJM 122. The Group received a steady stream of offers ad the complainant deposited a sum of Rs. 27,26,614/- into various Bank Accounts Number between 12.12.2025 and 18.12.2025, as per the promise of doubling the amount in online trading. On the basis of the aforesaid written complaint lodged by the complainant, the aforesaid Crime No. 01/2026 has been registered under Section 318 (4) of the BNS, 2023 and under Section 66 (D) of the Information Technology Act, 2000 at Police Station Range Cyber, District Janjgir Champa and the matter was taken into investigation. 6.That, during the course of investigation, the bank accounts statements of the accused and the complainant were obtained from the concerned 5 Banks and on the basis of the call details and account statements, the Police detained the accused Sheikh and Abdul Wahib as suspects and upon questioning, the accused/applicant told the Police that, he had used his Mobile Number 7499283338 in the month of January, 2026 and linked it with the bank account and the another accused Abdul Wahid said to the accused Sheikh Aavesh that, a boy deposited Rs. 42000/-, then the present accused applicant withdrew the aforesaid amount from his ATM and gave the amount to Abdul Wahid and in turn, the accused Abdul Wahid gave Rs. 1000 as commission. 7.That, during the course of investigation, it was found that, the complainant has deposited Rs. 42000/- through his Mobile Number 9755890324 into the UPI account of the present accused applicant Aavesh Masood Mobile Number 7499283328, which was linked with the Ujjivan Bank Account Number Small 4454110190056198 and the said bank account number was found to be registered in the name of Aavesh Masood Sheikh S/o Sheikh Masood, Aged about 32 years, resident of Sadat Nagar, Street No. 19, PS Stara, District Aurangabad, Maharashtra i.e. the present accused applicant. 8.That, thereafter during the course of investigation, the present accused applicant was summoned and interrogated wherein, the present accused applicant has categorically admitted the subject crime. It is further deposed by the present accused applicant that, on the advice of his friend Abdul Wahid, he needed an account for the amount defrauded by Abdul Wahid's acquaintance through Telegram and by opening an account, he made him open an account by telling him that, he would get some money after the money was deposited in the said account. After the money was deposited in the account in January, he withdrew the entire amount and gave it to Abdul Wahid and Abdul Wahid kept his ATM Card with him and in return, the present accused applicant received a commission of Rs. 1000/-. The bank Cheque book and the bank registered mobile number 7499283328 were seized from the accused. 6 9.That, thereafter during the course of investigation, the said accused Abdul Wahid was traced and questioned and his memorandum statement was recorded in front of the relevant witnesses wherein, he has categorically deposed that, on the instruction of one Aryan, a resident of Delhi, he had asked the present accused applicant Sheikh Aavesh to open the bank account and withdraw the amount deposited in it. He admitted to receiving a commission of Rs. 2000/- by saying that, the withdrawn money was to be given to a person named Aryan.” the applicant does not have any criminal antecedent, and the charge sheet has been submitted against the applicant. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedent, which is mentioned in the bail application, the applicant is in jail since 22.04.2026, further considering the contents of the affidavit filed by the I.O. and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Sheikh Aavesh, involved in Crime No.01/2026 registered at Police Station Cyber Cell, Janjgir, District Janjgir- Champa (C.G.) for the offence under Section 66 (D) of the IT Act and under Section 318 (4) of the BNS, be released on bail on furnishing personal bond with two local sureties in the like sum 7 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 in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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. 8 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 concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve