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2026 DAILYLAW 9640 (CHH)

AMRENDRA SINGH v. THE STATE OF CHHATTISGARH

MCRC/2022/2026 · 2026-04-29

body2026

Judgment text

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1 2026:CGHC:20220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2022 of 2026 Amrendra Singh S/o. Shri Abhayraj Singh, Aged About 25 Years Occupation- Biryani Center, R/o.- Village Sakalo, (Main Road Ghanghari), Police Station- Ghandhinagar, Tehsil Ambikapur, Dist. Sarguja (C.G.) ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station- Ambikapur Dehat Ghandhinagar, District Sarguja (C.G.) ... Non-Applicant For Applicant : Mr. Neeraj Kumar Mehta, Advocate. For Non-Applicant/State : Mr. S. S. Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.04.2026 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. 34/2026 registered at Police Station – Ambikapur Dehat Ghandhinagar, District Sarguja (C.G.) for the offence punishable under Sections 317(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. As per the prosecution story, the applicant is a permanent resident of Ambikapur, District Surguja (C.G.), and is engaged in a lawful business as the proprietor of a Biryani Centre situated at Main Road, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.01 19:08:10 +0530 2 Ambikapur, within the jurisdiction of Police Station Gandhinagar. That one Abhishek Sinha, who also resides in the same area, was a regular customer at the applicant’s Biryani Centre and frequently visited the establishment in the ordinary course of business, thereby establishing a relationship of acquaintance and trust between them. In the month of December 2024, the said Abhishek Sinha represented to the applicant that his bank account had become non-operational due to KYC-related issues and technical problems, and that he was temporarily unable to receive funds in his own account. He further informed the applicant that his wife, who is employed in the IT sector, was to transfer certain amounts to him for repayment of market liabilities and personal dues. 3. Relying upon the said representations and considering him to be a known and regular customer, the applicant, without any knowledge of any alleged illegal activity, permitted the use of the QR code linked to his Bank of Baroda Account No. 80280100009995 installed at his Biryani Centre for the receipt of funds on two occasions. Pursuant thereto, a total amount of Rs. 2,06,786/- was credited into the said bank account of the applicant between 29.11.2024 and 04.12.2024. Upon receipt of the said amount, and strictly in accordance with the instructions of Abhishek Sinha, the applicant transferred the entire amount to certain shopkeeper/persons to whom Abhishek Sinha had stated he was liable to make payments towards outstanding dues, and the applicant did not retain any portion of the said amount for his personal benefit. Subsequently, the office of the Additional Superintendent of Police / Nodal Officer, Cyber Cell, District Surguja, by letter dated 17.01.2026, informed Police Station Gandhinagar that a communication along with a Standard Operating Procedure for legal action had been received from the office of the Inspector General of 3 Police, SIB/CCTNS/Cyber Crime, Police Headquarters, Nava Raipur, regarding the identification of Layer-1 suspicious mobile numbers and bank accounts reflected in the Coordination Portal of the Indian Cyber Crime Coordination Centre (I4C). In the said portal, the aforesaid Bank of Baroda account of the applicant was reflected as suspicious in connection with an online complaint bearing acknowledgment number 22701250002438 lodged on the Cyber Police Portal from Jaipur City, Rajasthan. On the basis of the said cyber cell information and portal- generated data, FIR No. 34/2026 was registered at Police Station Gandhinagar under Sections 317(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 on 17.01.2026. 4. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that, there is no allegation in the case diary that the applicant contacted, induced, deceived or made any fraudulent representation to the complainant or any victim in relation to the alleged cyber fraud. Counsel further submits that the applicant has no prior criminal antecedents and has been in judicial custody since 17.01.2026 It is also contended that the trial is likely to take a considerable amount of time to conclude. On these grounds, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that from the perusal of record, it transpires that in the memorandum statement before the concerned witnesses, the accused applicant has categorically stated and confessed to receiving the proceeds of crime in connivance with the other accused persons. During the investigation, it is further revealed that, the accused runs a Biryani 4 Shop beside Dr. S.P. Singh's clinic in Chaupati. On 29.11.2024, one Abhishek Sinha, resident of Gandhi Nagar (Mobile Number 7970000220) who is regular customer of his shop. informed him that, he is constructing house for which, his wife who is working in Delhi, is trying to send Rs. 1 Lac in his account, but due to some issue, he is unable to receive the amount. Then, the said accused Abhishek Sinha requested the present accused applicant to provide his account number so that, his wife can send the amount on which, the accused person provided the aforesaid bank account of Bank of Baroda and the wife of Abhishek Sinha sent Rs. 1 Lac to the account of the accused person.further again on 04.12.2024, the accused person again received Rs. 1 Lacs in his account as such he has received the total amount of Rs. 2 Lacs. On investigation, it was revealed that, the accused person has total received amount of Rs. 2,06,786/- and he has disbursed some amount through online and some amount has been withdrawn by him through ATM. As such, the present accused applicant has been beneficiary of proceeds of crime. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. In compliance of the Court’s order dated 27.02.2026, the Investigating Officer of the subject crime number and Station House Officer, Police Station Gandhi Nagar, Ambikapur, District – Surguja (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under: 5 7. That, in the memorandum statement before the concerned witnesses, the accused applicant has categorically stated and confessed to receiving the proceeds of crime in connivance with the other accused persons. During the investigation, it is further revealed that, the accused runs a Biryani Shop beside Dr. S.P. Singh's clinic in Chaupati. On 29.11.2024, one Abhishek Sinha, resident of Gandhi Nagar (Mobile Number 7970000220) who is regular customer of his shop. informed him that, he is constructing house for which, his wife who is working in Delhi, is trying to send Rs. 1 Lac in his account, but due to some issue, he is unable to receive the amount. Then, the said accused Abhishek Sinha requested the present accused applicant to provide his account number so that, his wife can send the amount on which, the accused person provided the aforesaid bank account of Bank of Baroda and the wife of Abhishek Sinha sent Rs. 1 Lac to the account of the accused person. 8. That, further again on 04.12.2024, the accused person again received Rs. 1 Lacs in his account as such he has received the total amount of Rs. 2 Lacs. On investigation, it was revealed that, the accused person has total received amount of Rs. 2,06,786/- and he has disbursed some amount through online and some amount has been withdrawn by him through ATM. As such, the present accused applicant has been beneficiary of proceeds of crime. Copy of the relevant pages of the bank statement of the account of the accused applicant, is being annexed herewith as Annexure R/1 for kind perusal. Copy of the previous criminal records of the accused applicant, is being annexed herewith as Annexure R/2. 8. Considering the facts and circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that in the memorandum statement before the concerned witnesses, the accused applicant has categorically stated and confessed to receiving the proceeds of crime 6 in connivance with the other accused persons, during the investigation, it is further revealed that, the accused runs a Biryani Shop beside Dr. S.P. Singh's clinic in Chaupati, on 29.11.2024, one Abhishek Sinha, resident of Gandhi Nagar (Mobile Number 7970000220) who is regular customer of his shop informed him that, he is constructing house for which, his wife who is working in Delhi, is trying to send Rs. 1 Lac in his account, but due to some issue, he is unable to receive the amount, then, the said accused Abhishek Sinha requested the present accused applicant to provide his account number so that, his wife can send the amount on which, the accused person provided the aforesaid bank account of Bank of Baroda and the wife of Abhishek Sinha sent Rs. 1 Lac to the account of the accused person, further considering the fact that again on 04.12.2024, the accused person again received Rs. 1 Lacs in his account as such he has received the total amount of Rs. 2 Lacs. On investigation, it was revealed that, the accused person has total received amount of Rs. 2,06,786/- and he has disbursed some amount through online and some amount has been withdrawn by him through ATM. As such, the present accused applicant has been beneficiary of proceeds of crime, considering all these factors, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, this first bail application of applicant – Amrendra Singh involved in Crime No. 34/2026 registered at Police Station – Ambikapur Dehat Ghandhinagar, District Sarguja (C.G.) for the offence punishable under Sections 317(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), is rejected at this stage. 10. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 7 11. 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 Preeti