Order on Board

20/09/2024

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 289/2024 registered at Police Station Cyber Police Thana Rang, District- Raipur (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code.

2. Case of the prosecution, in brief, is that on 02.07.2024, the complainant Sanjay Verma has lodged written report before the police station New Rajendra Nagar, alleging that the accused is a mobile holder of mobile numbers 892332461, 7037751923, 8923107182, 9109750934, 8149692761, has cheated him by taking Rs. 44 lakhs through Whatsapp chat web. On the written complaint of the applicant, prima facie, the crime under Section 420 of the IPC was found to have been committed, and the case was registered under Section 420/34 IPC as Crime Number 289/2024 in the police station New Rajendra Nagar and investigation was taken up. During investigation of the case, it was found that the accused had obtained CAF of mobile SIM holders from the concerned service provider company and during the purchase and sale of SIM in Airtel company, on 14.02.2024, he fraudulently provided mobile SIM number-9109750934 in the name of Parmeshwar Parkar resident of district Durg and sold it illegally to another accused and cheated the complainant, hence this bail application.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant is an employee of Airtel Telecom, who does company related work for company’s consumers on the instructions of his ofÏcers, the applicant has been made an accused by the police station only because he is an employee of Telecom service and has done SIM porting. He also submits that the applicant is permanent resident of Durg (C.G.) where he is having movable and immovable property and there is no chance of his absconding or tempering the prosecution witnesses. The applicant is in jail since 18.07.2024, the applicant has no criminal antecedent, further the charge-sheet has been filed in the present case 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 appearing for the respondent/State opposes the bail application and submits that the applicant is mobile holder of mobile Nos. 92332461, 7037751923, 8923107182, 9109750934, 8149692761, and has fraudulently taken Rs.44 lakhs from the complainant through Whatsapp chat web and has fraudulently ported the SIM No.9109750934 in the name of some other person, therefore, the applicant is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 18.07.2024, the fact that only allegation against the applicant is that he ported the SIM No.9109750934 in the name of another person, namely, Parmeshwar Parkar against which SIM number a crime has already been committed of fraudulently taking Rs.44 lakhs from the complainant, further the applicant has no criminal antecedent and the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Vicky Dewangan, involved in Crime No.

289/2024 registered at Police Station Cyber Police Thana Rang, District- Raipur (C.G.) for the offence punishable under Sections 420, 34 of the IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall