1 2026:CGHC:16184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 795 of 2026 1 - Kumari Shikha Gupta D/o Chandrashekhar Gupta Aged About 22 Years R/o Hafalpur Vihar, Near Vishwakarma Mandir, Najafgarh, Delhi 2 - Draksha D/o Mohammad Akbar Aged About 26 Years R/o R.Z. - 20, Gali No. 04, Deep Enclave, Part - 2, Vikas Nagar, West Delhi, Delhi 3 - Anjali Chaudhary D/o Manoj Chaudhary Aged About 22 Years R/o A- 467, Gali No. 13 Mahavir Enclave, Part - 2, Uttam Nagar, West Delhi, Delhi 4 - Khushi D/o Om Prakash Aged About 21 Years R/o G-258, Mangolpuri, North Delhi, Delhi ... Applicant(s) versus 1 - State of Chhattisgarh Through The Superintendent of Police, Jagdalpur, District Bastar (C.G.) 2 - Station House Officer Police Station Nagarnar, Jagdalpur, District Bastar (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicants : Mr. Harshmandar Rastogi and Mr. Anukul Biswas, Advocate For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.09 11:20:04 +0530 2 Crime No.44/2025, registered at Police Station – Nagarnar, District – Bastar (C.G.) for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 66(D) of I.T. Act, 2008. 2. The case of the prosecution, is that the alleged complaint is made by one Kamlochan Baghel on 03.03.2025 alleging that online fraud is committed to him of total Rs.19,68,660/- and subsequently an FIR dated 03.03.2025 was registered bearing no. 44/2025 in Police Station of Nagarnar, Bastar. The applicants were arrested on 27.12.2025 and since their arrest, the applicants have been in continuous judicial custody. It is stated that the investigation in the matter is incomplete and the final alleged incident has not yet been concluded. It is stated that the applicants have no direct involvement in the alleged incident, neither the bank accounts and mobile numbers as mentioned in the FIR belong to them nor any allegations against the present applicants is made in the FIR. All the Applicants are fresh B.A. Graduates who were working under one Co-accused as salaried employee in a call center and had no role in the alleged occurrence. Due to the custody of the applicants, their families are facing financial difficulties, and the father of one accused is stated to be seriously ill, and undergoing treatment. The applicants have expressed their willingness to comply with all bail conditions and to provide competent surety is released on bail. It is also stated that this is the first bail application filed on their behalf and that no other bail application is pending. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there are no criminal antecedents registered against the present applicants and as per the FIR the complainant has transferred the 3 amount to 03.03.2025 in the bank accounts, neither of which does not belong to any of the instant applicants not the name/allegation of any of the applicant or their mobile number is made in the FIR, no contact was established between the applicants. It is further submitted that applicants are ladies and the charge-sheet has been filed in this case. The applicant is in jail since 27.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. She further submits that in-compliance of this Court’s order dated 11.03.2026, concerned Investigating Officer has filed his personal affidavit in the present case, wherein it is mentioned that It is further submitted that a perusal of the memorandum statement of the four Applicants would reveal that they worked at a call centre named "Ganesh Solution," operated by Om Prakash Gupta, who used to bring insurance-related data, particularly of lapsed policies, and they targeted such policyholders by falsely promising refunds and high returns. Many customers were induced to deposit money into accounts provided by them. They were aware that the activities were fraudulent, and approximately half of the cheated amount was distributed among them. About one and a half years ago, they, along with Om Prakash Gupta, deceived a person named Kamalochan Baghel from and cheated him of Jagdalpur, Chhattisgarh, approximately 20 lakhs, which was shared among us, with each of them received approximately 2 lakhs. 5. The relevant paragraphs of the affidavit are as follows: 4 “6.Upon interrogation, the main accused, Om Prakash Gupta, made a memorandum statement to the effect that he has been running a call centre for the past two years under the name "Shri Ganesh Solution” from premises at Paramount Tower, Janak Cinema, Janakpuri West, Delhi, taken on rent from Saurabh Gupta, a resident of Dwarka, Delhi. Earlier, he worked in a collection company where he used to call customers and collect money, during which he conceived the idea of starting a call centre. He then started procuring data through Telegram App and targeted policyholders, especially those with lapsed policies, by offering false assurances of policy renewal and refund. Through female employees working at his call centre, he induced customers to deposit money in fraudulent schemes. The employees namely Neha, Shikha Gupta, Khushi and Anjali Chaudhary assisted in the fraud by calling the potential customers by using alias names and were paid approximately half of the cheated amount. During this period, information was obtained of one Kamalochan Baghel, a resident of Chhattisgarh, in relation to his policy with Bajaj Allianz Insurance Company. Using a fake SIM card (Mobile No. 9205947954) procured from Faridabad, calls were made from the call centre to his mobile number 6268989654, whereby he was induced under false pretenses. Thereafter, through female employees of the call centre, further calls were made from various mobile numbers, and the said Kamalochan Baghel was fraudulently induced to deposit approximately 20,00,000/- into different fraudulent bank accounts. The mobile phones and SIM cards used were discarded after use. Records of the transactions and persons' details were maintained in a register at his office. 7. Pursuant to the memorandum statement of the accused, two registers, four mobile phones, one DVR, router, laptop, a Tata Tiago car, and a Beetel wireless phone were seized from his possession. The accused was thereafter duly arrested on 27.12.2025 in accordance with law. 8. It is further submitted that on 26.12.2025, notices regarding investigation were given to the present Applicants whereby they were asked to be present on 27.12.2025 to help with the ongoing 5 investigation. It is further submitted that a perusal of the memorandum statement of the four Applicants would reveal that they worked at a call centre named "Ganesh Solution," operated by Om Prakash Gupta, who used to bring insurance-related data, particularly of lapsed policies, and they targeted such policyholders by falsely promising refunds and high returns. Many customers were induced to deposit money into accounts provided by them. They were aware that the activities were fraudulent, and approximately half of the cheated amount was distributed among them. About one and a half years ago, they, along with Om Prakash Gupta, deceived a person named Kamalochan Baghel from and cheated him of Jagdalpur, Chhattisgarh, approximately 20 lakhs, which was shared among us, with each of them received approximately 2 lakhs. Details of the potential customers were recorded in registers, and calls were made using multiple fake numbers. The call centre was equipped with several wireless phones, and they collectively participated in defrauding multiple persons.” 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are no criminal antecedents registered against the present applicants, and they are lady and are in jail since 27.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant No.1 – Kumari Shikha Gupta, applicant No.2 – Draksha, applicant No.3 – Anjali Chaudhary and applicant No.4 Khushi, involved in Crime No.44/2025, registered at Police Station – Nagarnar, District – Bastar (C.G.) for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 66(D) of I.T. Act, 2008, be released on bail on his furnishing a 6 personal bond with two local sureties each 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 in accordance with law. (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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali