Police Station Katghora, District Korba, Chhattisgarh v. State Of Chhattisgarh Through Police Station Katghora, District K
Case Details
1 2025:CGHC:28777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3885 of 2025 Nand Kishor Dixena S/o Late Shri Basant Lal Dixena Aged About 23 Years R/o Ward No. 15, Dudga, Katghora, Police Station Katghora, District Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Katghora, District Korba, Chhattisgarh. ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Amit Kumar Chaki, Advocate. Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 27.06.2025 Order on Board 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. 84/2025, registered at Police Station – Katghora, District – Korba (C.G.) for the offence punishable under Sections 318(4), 336(3), 340(2), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(c) of the Information Technology (amendment) Act, 2000. 2. The case of the prosecution, is that on 25.02.2025, Nitish Kumar submitted a written application at the Katghora Police Station, in his complaint, he stated that while he was sitting with his uncle, Om Prakash Ratre, his uncle accessed the Sanchar Sathi Portal a government 2 platform that allows individuals to check the number of SIM cards issued using their identity, upon checking, Nitish discovered that 15 SIM cards had been fraudulently activated in his name, he recalled that on 22.07.2024, two individuals, Aaryan and Nand Kishor, had visited his house and persuaded him to port his mobile number from Airtel to Jio, during the process, they took a photograph of his face and captured his right-hand thumb impression multiple times, claiming that the server was down, it is alleged that these individuals misused his Aadhaar ID for fraudulent purposes, illegally activated multiple SIM cards, and sold them to unknown third parties by impersonating his identity, based on this information, an FIR was registered and the applicant was subsequently arrested on the memorandum of the co-accused. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case, and the SIM cards which are said to be fraudulently activated, have not been misused. The applicant is in jail since 26.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the 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 been filed in this case. It is further submitted that on 25.02.2025, Nitish Kumar submitted a written application at the Katghora Police Station, in his complaint, he stated that while he was sitting with his uncle, Om Prakash Ratre, his uncle accessed the Sanchar Sathi Portal a government platform that allows individuals to check the number of SIM cards issued using their 3 identity, upon checking, Nitish discovered that 15 SIM cards had been fraudulently activated in his name, he recalled that on 22.07.2024, two individuals, Aaryan and Nand Kishor, had visited his house and persuaded him to port his mobile number from Airtel to Jio, during the process, they took a photograph of his face and captured his right-hand thumb impression multiple times, claiming that the server was down, it is alleged that these individuals misused his Aadhaar ID for fraudulent purposes, illegally activated multiple SIM cards, and sold them to unknown third parties by impersonating his identity, based on this information, an FIR was registered and the applicant was subsequently arrested on the memorandum of the co-accused, therefore, he is not entitled for grant of bail. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the SIM cards which are said to be fraudulently activated, have not been misused, the applicant is in jail since 26.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Nand Kishor Dixena, involved in Crime No. 84/2025, registered at Police Station – Katghora, District – Korba (C.G.) for the offence punishable under Sections 318(4), 336(3), 340(2), 316(5) and 3(5) of the BNS and Section 66(c) of the Information Technology (amendment) Act, 2000, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of 4 the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice