Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 7721 (CHH)

RAJU SHARMA v. STATE OF CHHATTISGARH

MCRC/2591/2026 · 2026-04-23

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:19006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2591 of 2026 1 - Raju Sharma S/o Harendra Sharma Aged About 18 Years R/o 16 Kethwaliya Urf Bahirpur Tarya Lachiram P.S. Tariya Sujan District Kushinagar U.P. (Age As Per Adhaar Card Annexure A-4 P9-27) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Cyber, Police Station, Raipur Range District Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Anju Ahuja, Advocate For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 02/2025 registered at Police Station – Cyber Police Station Raipur Range, for the offence punishable under Sections 318(4), 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 66D of IT Act. 2. As per the prosecution case, a written complaint was lodged by the complainant, Ramavatar Verma, a resident of Sector-29, Nava Raipur, District Raipur, at the Cyber Police Station, ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Raipur, alleging that on 24.12.2025 at about 12:40 PM, a message was received on the mobile phone of Iti Shukla (Mobile No. 9685596955) from an unknown mobile number 9036296912, stating that her car had been detected speeding and that a fine was required to be paid immediately to avoid additional charges, along with a hyperlink provided therein. It is alleged that upon clicking the said link, the bank account of the victim maintained with the State Bank of India, Secretariat Branch, Raipur, was compromised, and on 25.12.2025, a total sum of ₹2,94,342.51 was fraudulently debited from the said account through online transactions. On the basis of the said complaint, the police registered FIR No. 02/2025 dated 26.12.2025 at the Cyber Police Station, Raipur, for offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita read with Section 66D of the Information Technology Act, and during the course of investigation, the present applicant has been implicated on allegations of involvement in the aforesaid cyber fraud. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has not been submitted in this case. It is further submitted that no custodial interrogation of the applicant is required and they undertake to cooperate with the trial proceedings and abide by 3 all conditions imposed by this Court. The applicant is in jail since 30.12.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has not been filed in this case. In compliance with the order dated 19.03.2026 of this Court, the Investigating Officer Shri Manoj Nayak has filed his personal affidavit and the relevant paragraph as under:- “3. That, the acquaintance of the complainant Ramadhar Verma resident of Nava Raipur, PS Rakhi, District Raipur namely Iti Shukal received a message by an unknown mobile holder of mobile number 9036296912 to the mobile number 9685596955 of Iti Shukla in which, your car was caught is speeding and a speeding ticket is now on record, pay the fine immediately to prevent additional fees in which, on clicking the given link to understand the details of the message, on receiving the message regarding bank account transaction on the mobile number of the bank linked to mobile number of Iti Shukla from State Bank of India Branch SECTT Mantralaya, Raipur vide Bank Account Number 30759051539 from date 25.12.2025, a total of Rs. 294342.51/- was automatically debited. On receiving the message regarding bank account transaction on the mobile number, the 4 bank statement was checked and it was found that, Rs. 294342.51/- was debited in transaction details, hence on the report of cyber fraud, a crime was registered and the matter was taken into investigation. After due completion of the investigation, the charge sheet has been filed against the accused persons under Section 193 (9) of the BNSS, 2023 before the concerned Jurisdictional Magistrate below. 4. That, during the course of investigation, it was found that, one Yuvraj Khandu Athavale and Bhagirathi Mahato after watching YouTube Channel Godearning.786, inspired to commit online cyber fraud, sent hacking link SMS from the Website Earning Center and WIN GO to the complainant and on clicking the link to check it, a total of Rs. 294342.51/- was defrauded online on 25.12.2025, an incident of fraud has been committed. 5. That, during the investigation, the Google LLC was found guilty of fraudulent activities related to the YouTube Channel Godearning. To seek information about 786, the information was obtained by sending a notice under Section 94 of the BNSS, 2023 in which, the email ID rs0698629@gmail.com was found to be registered in the name of the present accused applicant Raju Sharma. The information was obtained by sending a notice under Section 94 of the BNSS, 2023 to Google LLC seeking information about the user of the aforesaid email ID, which was found to be used by the 5 holder of mobile number 7307223828. On receiving the CAF from the mobile service provider, the service provider provided certified information that, the holder of mobile number 737223828 was registered in the name of the present accused applicant Raju Sharma, Resident of District Kushinagar, Uttar Pradesh. 7. That, in the memorandum statement, the present accused has categorically admitted infront of the relevant witnesses regarding the crime committed by him by sending a link to the complainants/victims for which, he has used the aforesaid Email ID and received the defrauded amount in the Bank Account Number 060110261024 of the India Post Payment Bank and Bank of Baroda UP Bank Account Number 64800100005372. It is further revealed that, the present accused applicant Raju Sharma prepared videos on earning money by sending SMS through WIN GO App since June, 2025 and posted them on his YouTube Channel with the intention of getting user's data, OTP, Bank Account information or access. The last video was posted by the accused Raju Sharma on 11.01.2026 and the accused told to delete everything from his mobile. 8. That, the present accused applicant has further deposed in his memorandum statement that, he is a resident of Kushinagar, Uttar Pradesh and he is using the mobile number 7307223828, registered in his name for about 2-3 months now and before this, he was using the mobile number 7460817282, registered in the name 6 of his father Harendra Sharma for about 5-7 years. In the @AmjadK- xg3ol YouTube regarding WIN GO App in which, it was told about earning money for a fee, due to which, he got tempted and as per the instructions of that App, he created YouTube Channel GODEARNING.786 from his mobile number 7460817282 and registered it in theYouTube Channel. The said YouTube Channel was registered as rs0698629@gmail.com and the mobile number 7307223828 and two step verification mobile number was given in the Gmail. He had registered 7460817282 and he has posted a video on his YouTube Channel explaining the WIN GO APP through which money is received in exchange for sending SMS containing hacking links, alongwith the link to install Telegram and WIN GO App, whose URL is https://youtube.com/@godearning786 ?si=c5x81MqDv3Sj LisZ, in which, he had told about extra earning by sending SMS, in whose bio link, there is the link URL of Telegram Chanel and the URL of Wingo SMS earning App had a link to earn money online sitting at home by doing cyber fraud through SMS task. Through this video and link, people who watched his video used to earn money by installing WIN Go App and sending fake SMS. After watching his video, all those who installed WIN GO app thorugh the link, given in the post, in return for that, his Bank of Baroda UP BNak Account Number 64800100005372 and India Post Payment Bank Account Number 060110261024. 5. I have heard learned counsel for the parties and perused all of 7 the documents available on record. 6. Considering the facts and circumstances of the case, this Court finds that the allegations against the present applicant relate to a serious offence involving cyber fraud, wherein the victim was induced through a hyperlink and consequentially suffered a substantial financial loss to the victim. The nature of the offence, coupled with the manner in which it is alleged to have been committed, reflects prima facie involvement of the applicant as revealed during the course of investigation. Having regard to the gravity of the offence, the stage of investigation, and the overall circumstances of the case, this Court is not inclined to extend the benefit of bail to the applicant. 7. Accordingly, this first bail application of applicant – Raju Sharma involved in Crime No. 02/2025 registered at Police Station – Cyber Police Station, Raipur Range (C.G.) for the offence punishable under Sections 318(4), 3(5) & 238 of the BNS and 66D of IT Act, is rejected at this stage. 8. 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 Saxena