2025:CGHC:47787 KDUEWNAALNGAN NAFR DsKD iU i E ggn WN iteA a A dl LN by G y AN HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6926 of 2025 Bhupendra Das S/o Ashok Das Mahant Aged About 24 Years R/o Village- Purunga P.S.- Chhal District- Raigarh (C.G.) (Complete Surname Of Father Not Mentioned In The Order)

... Applicant(s)

versus State Of Chhattisgarh Through Police Station, Baloda, District- Janjgir-

Champa (C.G.)

.. Non-applicant(s)

For Applicant : Mr. Peyush Patnaik, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

17.09.2025

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. 231/2025, registered at Police Station : Balauda District- Janjgir- Champa (C.G.) for the offence punishable under Sections 420 of IPC and Section 66(C) of I.T. Act and Section 42(3) (E) of Telecommunications Act.

2. The case of the prosecution, in brief, is that on 03/06/2025 on the intimation of the cyber cell Janjgir-Champa that from 17/06/2024 to 21/06/2024 Ramakrishna Yadav owner of Ram Mobile used to sell mobile phones SIM cards, the co-accused by using the authentication code of by way of one- time password and also using the POS (point of sale) code fraudulently activated about 18 SIMs on the basis of identity such as Aadhar cards submitted by the SIM customers and distributed to other persons with the intention of hiding the identity of the real SIM users without informing the customers and without their permission. When the co-accused was arrested in his memorandum he took the name of the applicant, therefore the offences were registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is not named in the first information report (F.I.R.) he is just the employee of the co-accused, the co-accused just to save himself took the name of the applicant that he has activated SIM whereby the OTP was issued from the mobile of the co-accused. He further submits that the prosecution has recorded the statements of the identity holders whose Aadhar was used for activating SIM cards in which they have stated that they have issued or requested for activation of the SIM cards of Airtel company whereby the prosecution has not asked the specific question as to who come the applicant acquired the identify Aadhar of the customers whose SIM has been activated. He also submits that the trial Court rejected the bail of the applicant on the ground that there may be a presumption that the applicant is planning some criminal activates by activating SIMS whereby no such criminal activity has been performed by the applicant and neither he has activated SIM on his own but only on the request of the customers and the applicant is in jail since 27.07.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned State Counsel opposes the prayer for grant of bail and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has one previous criminal antecedent and as such looking to the seriousness of this case, the applicant is not entitled for grant of bail.

5. On 01.09.2025, this Court had directed the Investigating Officer to file an affidavit disclosing the evidence collected against the applicant pursuant to which, the IO has filed a detailed affidavit disclosing involvement of the applicant herein. The relevant portion of the affidavit reads as under:-

(i) It is respectfully submitted that, on 03.06.2025, Constable No. 232 Mohd. Shahbai Ahmed S/o. Mohd. Iqbal Ahmed, age 31 years, posted at Cyber Cell Janjgir Champa, District Janjgir Champa, submitted a written complaint dated 03/06/2025 to the Poli