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2026 DAILYLAW 37646 (CHH)

PANKAJ SHARMA v. STATE OF CHHATTISGARH

MCRC/8651/2026 · 2026-09-28

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010347032026 2026:CGHC:42435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8651 of 2026 1 - Pankaj Sharma S/o Hadmana Ram Sharma Aged About 25 Years R/o Village Samrau Tahsil - Osiya, Police Station - Lohver, District - Jodhpur (Rajasthan) At Present R/o - Tanishka Rest House, Rathore Chowk, Raipur, Tahsil And District - Raipur (C.G.) 2 - Motilal Sharma S/o Gopi Kishan Aged About 21 Years R/o Village Bapeni, Panchariya Chowk, Police Station - Matoda, District - Jodhpur (Rajasthan) (Correct Address Mentioned) At Present R/o - Tanishka Rest House, Rathore Chowk, Raipur, Tahsil And District - Raipur (C.G.) 3 - Banwari Sharma S/o Rameshwar Sharma Aged About 28 Years R/o Nauka Road Bafna, Infront Of Bafna School Lane, Kadnali Mohalla, Gangashahar, Bikaner, Police Station- Gangashahar, District - Bikaner (Rajasthan) (Correct Address Mentioned) At Present R/o - Tanishka Rest House, Rathore Chowk, Raipur, Tahsil And District - Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Supela, District - Durg (C.G.) ... Respondent(s) For Applicant/s : Mr. Ali Afzaal Mirza, Advocate. For Non-Applicant/State : Mr. Kanwaljeet Singh Saini, Dy.G.A. NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.09.2026 1) The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.712/2026, registered at Police Station Supela, District – Durg (C.G.) for the offence punishable under Sections 318(2) & 112(2) of BNS, 2023. 2) The case of the prosecution, in brief, is that, pursuant to the instructions received from the higher authorities, information regarding mobile SIM numbers allegedly being used for obtaining illegal money through cyber fraud was collected from the Coordination Portal of the Indian Cyber Crime Coordination Centre (I4C), Ministry of Home Affairs, Government of India, which facilitates the sharing of information relating to cyber crimes for investigation purposes. It is alleged that on 21.05.2026, an amount of Rs.20,00,000/- was transferred from the complainant's bank account through an online financial transaction to a bank account described as "REEJA OLA UBER VENDOR". Thereafter, the said amount was allegedly layered and routed through multiple bank accounts with an intention to conceal its source and evade detection by the banking and investigating authorities. Upon realizing that the transaction was fraudulent, the complainant lodged a report on 22.05.2026, pursuant to which Crime No.712/2026 was registered at Police Station Supela, District Durg (C.G.), against the concerned mobile numbers and bank account holders. 3 3. During investigation, the present applicants were arrayed as accused persons. On 21.05.2026, one Gopal Soni, having a bank account with Ujjivan Small Finance Bank, received an amount of Rs.2,50,000/- out of the fraudulently transferred amount. Out of the said amount, these applicants allegedly withdrew Rs.1,20,500/- from different ATMs and distributed the said amount among themselves. The said amount, the bank-related ATM card, passbook, and other documents were seized. It is further alleged that, during investigation, the applicants were found to be connected with the alleged cyber-fraud transaction and were accordingly arrayed as accused persons along with other persons. 4. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. He further submits that the applicants are not directly involved in the commission of the crime and that their bank accounts have not been used in the commission of the crime. He would further submit that the applicants have been implicated merely on suspicion and that the main culprits are still absconding, whereas the applicants have been in custody since 27.05.2026. He further submits that, in the present case, the charge-sheet has already been filed before the competent Court and that the conclusion of the trial is likely to take some time. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the present applicants are allegedly part of an organised cyber-crime network and incriminating materials have been seized from their possession. He further submits that the bail application of the co-accused, namely, Moti Singh, has already been rejected by this Court in M.Cr.C. No.8178 of 2026 vide order dated 4 24.09.2026. Therefore, the present applicants are not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having considered the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicants, and particularly, considering the fact that the bail application of one of the co-accused, namely, Moti Singh, has already been rejected by this Court in M.Cr.C. No.8178 of 2026 vide order dated 24.09.2026, and that these applicants are similarly placed, I am not inclined to grant bail to the applicants. 8) Accordingly, the bail application of the applicants filed under Section 483 of the Bhartiya Nyaya Sanhita, 2023., is rejected. Sd/- (Rakesh Mohan Pandey) Judge Nimmi