Jhalawar, Rajasthan v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:2318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8781 of 2024 Avdhesh Nagar S/o Kanwarlal Nagar Aged About 25 Years R/o House No.- 75, Dhobi Basti Miyada, Tehsil - Khanpur, District- Jhalawar, Rajasthan. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Pandri, District- Raipur, Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Abhyuday Tripathi, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy, Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 163/2024 registered at Police Station Pandri, District Raipur (C.G.), for the offence punishable under Section 420 and 34 of the Indian Penal Code (IPC) and Section 66D of Information Technology Act, 2000. 2. The prosecution's story, in brief, is that Complainant Dr. Sunil Kumar Dewangan filed a written complaint at Police Station Pandri Mowa, 2 Raipur. In December 2023, he saw a social media advertisement on Facebook promising high returns on investments in the share market. After clicking the link, he was directed to a WhatsApp chat and added to a group by mobile numbers +1(646) 427-8832, +1(646) 427-8552, and +91 7409364838. The group administrators, whose numbers were +91 8974142864, +1(646) 428-4251, and +1(646)427-4293, provided guidance on share market investments. Some group members shared screenshots of their profit gains, and their numbers were: 8777575180, 9399933285, 7305207687, +917535034228, 9637651196, 8016171324, 9600516804, 9193634831, 9740572569, 7830458101, 7518591961, and 7704019463. Certain individuals, including those with mobile numbers +1(646) 427-8832, +1(646) 427- 8552, and +91 7409364838, advised the complainant to invest in a new app, promising higher returns. The complainant deposited Rs. 1,92,000,00/- from January 2024 to March 2024, following their advice. However, the app shut down, and the WhatsApp group was deleted after the deposit. The complainant joined another WhatsApp group, where he was introduced to the app. A person with the mobile number 9263751589 advised him to invest in gold. The group administrator's number was 6033975368. The complainant deposited Rs. 1,000,00,00/- into various accounts. Although the app showed a profit of 10 times, it eventually decreased, resulting in the complainant losing his money. The complainant was then told that he would be helped by depositing Rs. 50 lakh into his app, which he should invest in gold. He was promised that his profit would increase, and he would need to return the amount to them. The app showed a profit of Rs. 83 crores. The complainant alleged that he was cheated of Rs. 3 2,92,00,000/- in the name of investing in the share market. The complainant had deposited his savings and taken a loan of Rs. 62 lakh from a bank and Rs. 20 lakh from friends and relatives. He was paying Rs. 1,30,000/- per month as EMI installments for the bank loan. Another person, Vikas Kumar Trivedi, was also allegedly cheated of Rs. 73,82,386/- by the Gold Man Shake App in the name of investing in the share market. Based on the complainant's written complaint, an FIR was registered at Police Station Pandri, bearing crime number 163/2024, for the offense under Section 420 of the IPC. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that there is no any criminal case registered against the applicant, except cases registered pertaining to similar bank account, and previously he has not been prosecuted. He further submits that the applicant has no reole in the offence took place, there is no evidence as to participation of the applicant in the alleged offence, the applicant/accused categorically denies the commission of the concerned offence and any involvement whatsoever the applicant falsely implicated. He also submits that the applicant is in jail since 12.08.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant committed online fraud with the complainant of Rs. 2,92,00,000/-, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case 4 diary. 6. Taking into consideration the facts and circumstances of the case that the applicant committed online fraud with the complainant of Rs. 2,92,00,000/- and has no criminal antecedents except cases registered pertaining to similar bank account. Moreover, the charge- sheet has already been submitted before the competent Court in the present case and he is in jail since 12.08.2024, and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Avdhesh Nagar, involved in Crime No. 163/2024 registered at Police Station Pandri, District Raipur (C.G.), for the offence punishable under Section 420 and 34 of the Indian Penal Code (IPC) and Section 66D of Information Technology Act, 2000, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.15 15:31:13 +0530 (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. 5 (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. - Sd/- (Ramesh Sinha) Chief Justice Abhishek