In The Order) v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:8942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1462 of 2025 Mr. Shahal Shah Pavaretty S/o Shahul Hameed Pavaretty, Aged About 25 Years, R/o Paravatti House, Tuvvur Town, VTC- Thuvvur, P.O.- Tuvvur, District- Malappuram (Kerala) (Address Was Wrongly Mentioned As House Thuvvur, Tuvvur P.O., Malappuram District, Kerala State Pin- 679327 In The Order) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Basantpur, District- Rajnandgaon (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Rajeev Kumar Dubey, Advocate. For Non-Applicant/State : Dr. Saurabh K. Pande, Dy. Advocate General. PREETI KUMARI Digitally signed by PREETI KUMARI Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.02.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 365/2024 registered at Police Station : Basantpur, District- Rajnandgaon, for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of Information Technology Act. 2. As per the prosecution case, the complainant Rahul Jain lodged a 2 complaint on 17.08.2024 against the unknown person that he joined a WhatsApp group named friends of Wealth 81 through his WhatsApp No. 79996-31416 via website link, which was regarding providing high profits in stock market through trading and IPO investments. The said WhatsApp group was made on 07.02.2020 and was having many admins, one of them was named Lalita. The group admins used to share the stock analysis of particular stock for seeking investments from group members and other admins used to support the analysis. On 26.07.2024 a personal message was sent to complainant from group admin named Lalita to seek some investment/trading amount from him and complainant account was created. Complainant in order to invest and trade amount to gain profit sent the investment amount of Rs. 3,40,95,000/- in different bank accounts as asked by the group admin Lalita. No where the name of the applicant was mentioned and his role in this crime has not been mentioned. The present applicant has been arrested from Kerela in connection with Crime No. 365/2024 for offence punishable under Section 318(4) and Section 3(5) of the BNS and 66(D) IT Act. After completion of entire investigation, charge-sheet has been filed and the case is pending before the learned Judicial Magistrate First Class, Rajnandgaon, District – Rajnandgaon (C.G.) as Criminal Case No. 7137/2024. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application which was rejected by this Court vide order dated 19.12.2024 passed in MCRC No. 7741/2024 on the ground that the fraud of Rs. 7,30,000/- with the complainant from different bank account and cash was withdrawn from ATM, but at present the complainant Rahul Jain and 3 the present applicant filed the application under Sections 320, 320(1) of CRPC/Section 359 of BNSS on dated 17.01.2025 for compromise and compounding of the offence. He further submits that the prosecution witness PW-01/complainant has been examined before the learned Trial Court on 15.01.2025 and he did not state any allegation against the present applicant. He further submits that the applicant is in jail since 24.09.2024 and the present case is triable by the learned Judicial Magistrate First Class and only 02 prosecution witnesses have been examined out of total 23 prosecution witnesses, therefore, the trial is likely to take some time for its conclusion. He further submits that the charge-sheet has been submitted and he is in jail since 24.09.2024. Therefore, he prays that the applicant to be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application was rejected on merit. He further submits that applicant along with co-accused persons committed an organized crime ie. online fraud of Rs. 7,30,000/- with the complainant and was transferred in several installments from different bank accounts to different accounts and cash was withdrawn from ATM. From perusal of the case diary, also reveals that the applicant and co-accused persons are known to each other, as confirmed on the basis of their mobile mobile numbers from call details. Also considering the fact that apart from this case, online fraud complaints have been lodged in cyber portals in other States of the country like Gujarat, West Bengal, Bihar in the federal Bank account number 103001000XXXXX of accused Shahal Shah. Similarly, online fraud complaints have been lodged in Gujarat, West Bengal, Bihar in the bank account of absconding accused Mohammad Rizil. Hence, considering the embezzlement of huge amount from the complainant, the applicant is not entitled for grant of bail. 5. 6. 4 I have heard learned counsel for the parties and perused the material available on record. Taking into consideration the fact and circumstances of the case and the fact that the first bail application which was rejected by this Court on merit vide order dated 19.12.2024 passed in MCRC No. 7741/2024 on the ground that the applicant along with co-accused persons committed an organized crime i.e. online fraud of Rs. 7,30,000/- with the complainant and were transferred in several installments from different bank accounts to different accounts and cash was withdrawn from ATM, also considering the fact that the co-accused Mohammad Rizil and the applicant Shahal Shah are habitual offenders and have committed the crime of cheating and fraud with people in many States of India in an organized manner, prima-facie, sufÏcient material is available regarding the involvement of applicant Shahal Shah and co-accused Rizil, further it is stated by learned counsel for the applicant that though the complainant Rahul Jain and the present applicant filed the application under Sections 320, 320(1) of CRPC/Section 359 of BNSS on dated 17.01.2025 for compromise and compounding of the offence, but looking to the seriousness of crime, which is being committed in an organized manner in the form of cyber crime, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail accordingly, the bail application of applicant – Mr. Shahal Shah Pavaretty involved in Crime No. 365/2024 registered at Police Station : Basantpur, District- Rajnandgaon, for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of Information Technology Act, rejected at this stage. 7. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously as possible 5 preferably within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 8. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. (Ramesh Sinha) Chief Justice Preeti Sd/-