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2026 DAILYLAW 7525 (CHH)

SHOAB AKHTAR v. STATE OF CHHATTISGARH

MCRC/2521/2026 · 2026-04-23

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Judgment text

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1 2026:CGHC:18996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2521 of 2026 Shoab Akhtar S/o Abdul Mohid Aged About 27 Years R/o Moulana Azad Ward, Ambada Road Pandurna, District Chhindwada (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Pandari District Raipur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Jitendra Shukla, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Adv. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.04.2026 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.273/2024, registered at Police Station – Pandari, District- Raipur (C.G.) for the offence punishable under Sections 318(4) read with Section 3(5) of BNS. 2 The case of the prosecution, in brief, is that the complainant, namely Anchit Kumar Sinha, lodged an FIR before the concerned ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.27 17:21:21 +0530 2 Police Station stating therein that the present applicant and other co-accused persons had made transactions amounting to Rs. 30,52,700/- from the accounts of the complianant and his mother, Smt. Urmila Sinha. On the basis of the said complaint, the aforementioned crime has been registered and a charge sheet has been filed before the concerned Court. 3 Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has neither committed nor participated in any act constituting the alleged offences and that the evidence collected by the prosecution does not disclose any prima facie case against him. It is further submitted that the applicant has been implicated merely on the basis of suspicion and his memorandum statement, while the main accused is one Ms. Kruti, in whose account the transactions were primarily carried out. It is also submitted that the name of the present applicant does not find mention in the FIR. The applicant is a poor person engaged in the business of vegetables and it is alleged that an amount of Rs. 5,00,000/- was transferred into his account by the complainant through online transaction, whereas the remaining amount was taken by the co-accused persons, namely Kruti and Ravi Agrawal, who are presently absconding. It is further submitted that the co- accused persons have committed the alleged fraud and withdrew money from the account of the present applicant without his knowledge. In his memorandum statement, the applicant has stated that he had handed over his ATM card, cheque book, corporate ID, 3 user ID, transaction password and mobile SIM to the co-accused persons, for which he was paid a sum of Rs. 25,000/-. It is further submitted that the applicant is in custody since 07.02.2026 and the trial is likely to take considerable time to conclude, therefore, considering his prolonged detention, he may be enlarged on regular bail. 4 On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present case involves serious allegations of financial fraud involving a substantial amount of Rs. 30,52,700/-, which has been siphoned off through fraudulent transactions. It is submitted that the investigation has revealed the active involvement of the present applicant in facilitating the commission of the offence by providing his bank account and other financial credentials to the co-accused persons. He further submits that the applicant, in his memorandum statement, has himself admitted that he had handed over his ATM card, cheque book, user ID, transaction password and mobile SIM to the co-accused persons in lieu of monetary consideration, which clearly establishes his complicity and conscious involvement in the alleged crime. It is further contended that the applicant cannot escape liability by merely stating lack of knowledge, as his conduct demonstrates that he knowingly enabled the co-accused to carry out the fraudulent transactions. It is also submitted that the co-accused persons, namely Kruti and Ravi Agrawal, are still absconding, and there is a strong likelihood that, if released on bail, the applicant may tamper with the prosecution evidence or influence the witnesses. He further 4 submits that considering the gravity and nature of the offence, the manner in which it has been committed and the material collected during investigation, a prima facie case is clearly made out against the applicant. Therefore, it is prayed that the bail application of the present applicant be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 In compliance with the order dated 17.03.2026, the Investigating Officer has filed an affidavit disclosing that during the course of investigation, it was revealed that an amount of Rs. 5,00,000/- was credited on 10.09.2024 from the complainant’s account into Bank of Maharashtra Account No. 60501863121, registered with mobile number 9522603941, belonging to the present applicant Shoab Akhtar, resident of Moulana Azad Ward, Ambada Road, Pandhurna, District Chhindwara (M.P.), which account was found to be in the name of SS Fruit Company. It is further revealed that during the period from 12.08.2024 to 23.09.2024, the said account was used for committing cyber fraud, wherein a total amount of Rs. 25,71,11,867/- was credited and Rs. 2,56,59,724.80/- was debited within a short span. The investigation further discloses that the applicant, along with other co-accused persons, facilitated the use of the said account to cheat innocent persons and misappropriate their money. In his memorandum statement, the applicant has admitted that he opened and provided the said bank account to co- accused Adil Khan in lieu of monetary consideration. It is also 5 revealed that as many as 16 complaints from various States have been registered on the National Cyber Crime Reporting Portal (1930) in connection with the present fraud. The investigation further establishes that the applicant is a beneficiary of the fraud amount and that incriminating material regarding the transactions has been recovered from his mobile phone and bank account, indicating his involvement as a member of an organized cyber fraud syndicate. 7 Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the present applicant and the material collected during the course of investigation, this Court is not inclined to grant bail. The record reveals that the applicant’s bank account was actively used for routing proceeds of cyber fraud involving a huge amount and prima facie material indicates that the applicant had knowingly facilitated the commission of the offence by providing his banking credentials to the co-accused persons for monetary consideration. The Investigating Officer’s affidavit further discloses that multiple complaints from various States have been registered in connection with the same modus operandi, thereby indicating the involvement of an organized cyber fraud syndicate. Considering the magnitude of the fraud, the role attributed to the applicant and the fact that the co-accused persons are still absconding, the possibility of the applicant tampering with evidence or influencing witnesses cannot be ruled out. Moreover, looking to the seriousness of the offence and its wider impact on society at large, this Court does not find it to 6 be a fit case for grant of bail. 8 Accordingly, the bail application of the applicant – Shoab Akhtar, involved in Crime No.08/2025, registered at Police Station – Crime No.273/2024, registered at Police Station – Pandari, District- Raipur (C.G.) for the offence punishable under Sections 318(4) read with Section 3(5) of BNS, is rejected. 9 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10 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 Abhishek