Nafr High Court
Case Details
1 2025:CGHC:32084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5363 of 2025 Vicky Dewangan S/o Shri Ishwar Ram Dewangan, Aged About 24 Years AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN R/o Polsay Para, District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Cyber Police Thana Range, District Raipur C.G. ... Respondent(s) For Applicant(s) :
Legal Reasoning
identical nature, though he has been granted bail by this Court in the said case vide order dated in MCRC No.5950/2024, but the material exists showing the applicant’s active role in perpetrating cyber fraud of wide magnitude and the method adopted by the accused reflects a deep-rooted conspiracy and a high degree of 5 pre-planning, the economic offense alleged is of a serious nature and affects the trust and confidence of the public in financial institutions and digital platforms, also considering the fact that the bail applications of 4 co-accused persons, namely, Shubham Singh, Umesh Thadhas, Shubham Sharma and Ayush Maskare have already been rejected by this Court vide orders dated 21.04.2025 and 20.05.2025 in MCRC Nos.2096/2025, 2123/2025, 2486/2025 & 3928/2025 and the case of present applicant is identical to that of the aforementioned co-accused persons, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Vicky Dewangan involved in Crime No. 44/2025, registered at Police Station Cyber Police Thana Range, District Raipur (CG) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil
Arguments
Mr. Sagar Soni, Advocate. For Respondent(s) : Dr. Saurabh K. Pande, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice 10.07.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 44/2025, registered at Police Station Cyber Police Thana Range, District Raipur (CG) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of 2 Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that the applicant / accused and co-accused are alleged to have opened 104 bank accounts in the name of Utkarsh Small Finance Bank, Civil Lines branch, District Raipur (IFSC Code UTKS000xxxx) without the knowledge of the complainant, and used these accounts to obtain money through cyber fraud by issuing SIM numbers fraudulently, which led to the registration of alleged offence against the applicant and other co- accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that there is no any seizure of any incriminating article has been made from the possession of present applicant, the applicant was merely an employee of Airtel Telecom, performing company-related tasks as instructed by his superiors, specifically for the company's customers, he has been implicated as an accused by the police solely due to his employment with the telecom service provider. His role, as he asserts, was limited to sending an activation form to the company to activate a mobile number (9981006xxx) as part of his job duties. He also submits that the applicant was not authorized to activate any SIM, he only authorized to fill the CAF form in telecom company’s application, additionally, activating a SIM card or filling out a CAF (Customer Acquisition Form) for a forged SIM without the consumer's 3 consent is impossible due to the security measures, the consumer receives a text message with an OTP (One-Time Password) on their secondary mobile number, the consumer must provide the generated OTP during the CAF form filling process and the consumer is required to provide a live photo, thumb impression, secondary mobile number, and undergo verification. These security measures ensure that the activation process cannot be completed without the consumer's active participation and consent. So far as criminal antecedent of the applicant is concerned, applicant has 1 criminal antecedent of the year 2024 under the IPC, in which has already been granted bail by this Court vide order dated 20.09.2024 in MCRC No.5950/2024. The applicant is in jail since 20.02.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant alongwith other co-accused persons are allegedly opened 104 bank accounts in the name of Utkarsh Small Finance Bank, Civil Lines branch, District Raipur (IFSC Code UTKS000xxxx) without the knowledge of the complainant, and used these accounts to obtain money through cyber fraud by issuing SIM numbers fraudulently, further the applicant has 1 criminal antecedent of the identical nature, so far as other co- 4 accused persons are concerned, the bail applications of 4 identically situated co-accused persons, namely, Shubham Singh, Umesh Thadhas, Shubham Sharma and Ayush Maskare have already been rejected by this Court vide orders dated 21.04.2025 and 20.05.2025 in MCRC Nos.2096/2025, 2123/2025, 2486/2025 and 3928/2025, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it prima facie appears that the applicants are involved in a serious cyber fraud offense, the applicant and his associates are allegedly opened 104 bank accounts in the name of Utkarsh Small Finance Bank, Civil Lines branch, District Raipur (IFSC Code UTKS000xxxx) without the knowledge of the complainant, and used these accounts to obtain money through cyber fraud by issuing SIM numbers fraudulently, so far as criminal antecedent of the applicant is concerned, applicant has 1 criminal antecedent of