Misuse of KYC documents for fraudulent activities severely undermines the right to bail.

... Respondent For Applicant : Mr. Dharmesh Srivastava, Advocate For Respondent(s) : Mrs. Pragya Shrivastava, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board

22.05.2025

1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 91/2025, registered at Police Station- Kawardha, District Kabirdham (C.G.) for the offence punishable under Sections 318(4), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C) of Information Technology Act, 2000.

2. As per the prosecution story, in brief, Chandrakant Tiwari posted as Sub-Inspector at Cyber Cell, Kabirdham, submitted an official letter regarding the registration of FIR against POS agents Bhupendra Joshi & Dushyant Joshi (applicants herein), who allegedly misused customers’ KYC documents without their knowledge to issue fraudulent SIM cards and provided the same to cyber criminals. The present applicants have issued total 85 fraudulent SIM cards for operating the cyber crime. Therefore, the offence under the aforesaid sections have been registered against the applicants.

3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case. He submits that the applicants did not commit any fraud. He also submits that no fraudulent SIM cards have been recovered from the possession of the applicants. He further submits that the applicants are in jail since 07.03.2025 and conclusion of the trial may take some time, therefore, they pray for grant of regular bail to the applicants.

4. The learned counsel for the State/non-applicant opposes the bail application, submitting that the applicants have misused the KYC documents of the customers and issued as many as 85 fraudulent SIM cards for doing cyber crime, therefore, it is alleged that the applicants had participated in the online fraud, hence, they are not entitled for grant of regular bail.

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

6. Considering the facts and circumstances of the case and further considering the fact that the applicants have misused the KYC documents of the customers and issued as many as 85 fraudulent SIM cards for doing cyber crime, therefore, I am not inclined to grant regular bail to the present applicants.

7. Accordingly, the bail application of the applicants – Bhupendra Joshi & Dushyant Joshi, involved in Crime No. 91/2025 registered at Police Station- Kawardha, District Kabirdham (C.G.) for the offence punishable under Sections 318(4), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C) of Information Technology Act, 2000, is rejected.

8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith.