Nafr High Court
Case Details
1 2025:CGHC:9172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 369 of 2025 Somnath Machind Doble S/o Machind Bhagwan Aged About 36 Years R/o Mahandula, Teshil Gevrai, Police Station Chaklamba, District Beed, Maharashtra. --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Bhilai Nagar, District – Durg, Chhattisgarh. --- Non-applicant MCRC No. 1298 of 2025 Bapu Shridhar Bharad S/o Shridhar Bharad Aged About 40 Years R/o Bajaj Nagar, Swami Samarth Mandir Road, Wadgaon, District- Aurangabad, A/40, Subhash Colony, Ashoka Garden, Maharashtra ( Wrongly Mentioned In Order Sheet Annexure A/1 Page No. 7 Address R/o Village Sevati Outpost Litia Semaria, P.S. Bori, Distt- Durg ( C.G. ). --- Applicant Versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Bhilai Nagar, District- Durg, Chhattisgarh. --- Non-applicant PREETI KUMARI Digitally signed by PREETI KUMARI
Legal Reasoning
For Applicant(in MCRC No. 369/2025) For Applicant ( in MCRC No.1298/2025) Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. : Mr. Vivek Kumar Agrawal, Advocate. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 21.02.2025 1. Since the above-mentioned two bail applications are arising out of same crime number, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the BNSS for grant of regular bail to the applicants who have been arrested in connection with Crime No. 469/2024 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 318(4), 61(2) of B.N.S. and Section 66 of Information Technology Act (in MCRC No. 369/2025) and under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 66 D of Information Technology Act (in MCRC No. 1298/2025). 3. Prosecution case in brief is that the the complainant, namely, Indraprakash Kashyap made a complaint before the concerned Police Station stating therein that on 07/11/2024, he received a phone call whereby he was informed that some sim card has been activated by using his Adhar Card and by that sim card some obscene messages have been sent to 29 different persons for which complaints have been made to Cyber Crime Branch Mumbai and thereafter the call was transferred to Cyber Cell Mumbai and someone from that side told the complainant that some bank account has been opened through his Adhar card in Canara Bank Malad Mumbai Branch and there is huge transaction in that account and FIR in this regard has been registered by CBI and an arrest warrant has been issued by the Supreme Court against the complainant. Complainant was informed that he has to get a 3 secret account opened and he will have to transfer funds in that account and thus the complainant alleged that he was digitally arrested and he had transferred Rs.49,01,196/- in one Bank Account of I.C.I.C.I. Bank bearing account No. 145405002945 and thereafter the complainant was informed that he has to be in contact with the callers. After two days, the complainant came to know that he was digitally arrested and thereafter he made complaint to the police. Based on these allegations, the FIR has been registered and the applicant has been wrongly arrested and has been put behind bars. Hence this application for bail. 4. In MCRC No. 369/2025 - Learned counsel for the applicant submits that the present applicant has been falsely implicated by the concerned Police Station, though he has not committed any offence as alleged by the prosecution. He further submits that the as per the order Annexure A-1, the learned Court has recorded it categorically that the amount of fraud as alleged by the complainant has been received in a bank account which is in the name of some Babu Shreedhan Bharad (co-accused). It is alleged that the identity details and proofs of that person was given by the applicant to one Sheikh Naveed who is the actual culprit. Thus, even as per the prosecution story, the applicant has not received any amount. He further submitted that the applicant works in school of deaf and dumb people and teaches there. Further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 09.12.2024, trial is likely to take some time for its conclusion therefore, he prays for grant of bail to the applicant. 5. In MCRC No. 1298/2025- Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this 4 case. He further submitted that on 07.11.2024 the applicant had made a complaint to the Pune City Police that he has lost his purse, mobile and sim card and as such he did not have his sim card alleged to have been used in the instant case because as per the prosecution story the alleged offence is said to have been committed between 07.11.2024 to 11.11.2024 whereas the applicant got his sim card activated only on 14.11.2024. He further submitted that no further recovery is to be made from the applicant. He later submitted that the charge-sheet has been filed and he is in jail since 26.11.2024, trial is likely to take some time for its conclusion therefore, he prays for grant of bail to the applicant 6. On the other hand, learned State counsel opposed the prayer for grant of bail to the applicants and submitted that the charge-sheet has been filed. He further submitted that the applicants have fraudulently cheated the complainant of Rs. 49,01,196/-, and further from perusal of the case diary, it appears that the applicants called the complainant Indraprakash Kashyap on his mobile number 9212828999 from an unknown mobile number 9783623063, claiming to be from TRAI. The caller alleged that a SIM card with number 9898053277 was obtained using Kashyap's Aadhaar card number 307704136979 in Mumbai, and was used to send objectionable messages to 29 people, which was reported to the Cyber Crime Branch in Mumbai. The caller threatened to suspend all mobile and SIM services related to complainant and asked him to transfer funds to investigate the alleged crime. Complainant denied obtaining any SIM card in Mumbai, and the call was transferred to the Cyber Crime Branch in Mumbai. The Cyber Crime Branch informed Kashyap that his Aadhaar number was used to open a bank account in Malad, Mumbai, which had significant financial transactions, and that the CBI had filed an FIR. On November 7, 2024, Kashyap 5 received another call, claiming to be from the Supreme Court, ordering his digital arrest and issuance of a warrant. The caller claimed that Kashyap's Secret Supervision Account (SSA) would be opened, and he would need to transfer funds as it involved money laundering. Kashyap was asked to come to Bhilai and deposit money into his SBI account, as such, he transferred an amount of Rs.49,01,196/-. The applicants further in disguise of CBI agents, assured him that the money would be refunded after a fund check. In such a way, the applicants committed a digital fraud with the complainant for an amount of Rs. 49,01,196/- predicting to be CBI agents and falsely using the name of Supreme Court. As such, the allegation itself shows commission of a serious crime in the name of high ofÏcials hence the bail application of the applicants is liable to be rejected. 7. On 06.02.2025, this Court had directed the Superintendent of Police concerned to file an afÏdavit disclosing the evidence collected against the applicants. In pursuance thereof, the Superintendent of Police has filed a detailed afÏdavit disclosing involvement of the applicants herein. The relevant portion of the afÏdavit reads as under:- (i) the Deponent most humbly submits that, after registration of offence, the Police authorities started investigation in the matter, and collected Call Details Records (CDR) of aforesaid mobile numbers and Bank statements with regard to the aforesaid transaction of money, by which it is revealed that, one Bapu Shridhar Barad is the holder of account number 145405002945 in which, the aforesaid amount was transferred on 11.11.2024 from the account of the complainant. After arresting the said Bapu Shridhar Barad, his memorandum statement under section 27 of Evidence Act, has been recorded, in which, he has stated that, he is running a shop in name of Vaishnavi Auto Parts and his firm current account is 145405002945. He further stated that, his elder brother namely Deepak Barad told him that, one Somnath Doble, 6 R/o. Bid (Maharashtra) asking for a bank account towards transferring amount of Rami Circle Online Game and he saying that 20% commission will be given for the same and then his brother Deepak gave mobile number of Somnath bearing 9763897455 and have discussed with Somnath through conference and then he went at Pune on 31.10.2024. He meet with Somnath at Kampt Nage Pune on 01.11.2024 and given his own Airtel company SIM number 7385202783; ICICI Bank account number 145405002945 ATM card and User ID & Password of Internet Banking of that account to Somnath. (ii) on 14.12.2024 the memorandum statement of present accused/applicant has been recorded. The applicant has stated that, one Shekh Navid has told him that one Manoj Vishwanath Pal of Thane Mumbai needs of a current account towards 20% commission and then Deepak Bad agreed to give the bank account of his brother. Thereafter, they given the ICICI Bank account number 145405002945 ATM card and User ID & Password of Internet Banking to Sheikh Navid and then Sheikh Navid given the same to Manoj Vishwanath Pal & Saddam. It would be pertinent to submit here that, upon recording memorandum statement of Sheikh Navid, he admitted commission of alleged offence and stated that they given the ICICI Bank account number 145405002945 ATM card and User ID & Password of Internet Banking Manoj & Saddam. (iii) During course of investigation, the Police has seized One Plus Company's silver colour mobile phone bearing IMEI number (i) 869768054275112 (ii) 86976805427510 having Jio Company SIM number 9673970555 & Airtel Company SIM number 7385202783 on 26.11.2024 from Bapu Shridhar Bharad. On 14.11.2024 the Police has seized a Vivo Company's metallic color mobile having IMEI No. 868501056724832 & 868501056724824 bearing VI company's SIM number 9371897455 from present applicant. It would also be pertinent to submit here that, during course of investigation the Police has seized mobile set Vivo company metallic color android mobile bearing IMEI no. 860753058043376/51; ΙΜΕΙ No. 86075305504336868/51 bearing Jio company SIM 8180099554 from Sheikh Navid on 12.12.2024. 7 (iv) It is respectfully submitted that the present applicant has played vital role in the alleged offence as the accused persons have made channel and hatched conspiracy and committed the alleged offence. The present applicant was exclusively indulged in the alleged offence alongwith other accused persons. The prime accused persons namely Manoj Vishwanath Pal & Saddam are still absconding. (v) the Police authorities are making all possible effort to arrest the aforesaid accused persons namely Manoj Vishwanath Pal & Saddam. There are sufÏcient material evidences against the present applicant to establish his involvement in the crime in question. (vi) the charge sheet in connection with the aforesaid Crime No. 469/2024 registered at Police Station Bhilai Nagar, District Durg (CG) has been filed before the trial Court on 25.01.2025. 8. 9. I have heard learned counsel for the parties and perused all of the documents taken on record. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, it transpires from the afÏdavit filed by the Superintendent of Police, Durg that the present applicants have played vital role in the alleged offence as the accused persons have made channel and hatched conspiracy and committed the alleged offence, the main accused persons, namely, Manoj Vishwanath Pal and Saddam are still absconding in this case. Thereafter, the applicants have used the name of CBI and Supreme Court and hatched a well organized plan and committed the digital crime for an amount of Rs. 49,01,196/-, which is extremely serious, committed in an organized manner in the form of cyber crime. In such a situation, it is not appropriate to grant benefit of bail to the applicants / accused and hence the bail application of the applicants is rejected. 10. Accordingly the bail application of the applicants, namely, Somnath 8 Machind Doble (in MCRC No. 369/2025) and Bapu Shridhar Bharad (in MCRC No. 1298/2025) involved in Crime No. 469/2024 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 318(4), 61(2) of B.N.S. and Section 66 of Information Technology Act (in MCRC No. 369/2025) and under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 66 D of Information Technology Act (in MCRC No. 1298/2025) is rejected. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. (Ramesh Sinha) Chief Justice Sd/- Preeti