Bail may be granted in cases of serious fraud if the charge-sheet is filed, the accused has no criminal antecedents, and there is a significant delay in the trial process, specifically when no witnesses have been examined despite the passage of time.

Order on Board

1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 610/2025 registered at Police Station Telibandha, Raipur, District Raipur (C.G.) for the offences punishable under Section 318(4) of BNS and Section 42(3)(e) of Telecommunications Act.

2. Case of the prosecution, in brief, is that vide letter dated 12.09.2025 issued by the Police Headquarters, Naya Raipur, it was informed that certain Point of Sales (POS) operators in the district were fraudulently issuing SIM cards, which were being used in various offences, including cyber crimes operated from foreign countries. In the said communication, several mobile numbers, including 8964037895, 8964062404, 8889254312 and 118 other numbers, were identified as suspicious. Upon verification, the identity holders namely Devanath Bairagi, Hitesh Sahu and Shankar Lal Sahu were summoned to the Police Station, where they stated that their identity documents had been misused without their knowledge by the operator of Mishri Mobile Shop for activating SIM cards in the names of unknown persons and selling the same to third parties. During investigation, it was found that POS ID 37761997 (MISHUPTA), associated with Mishri Mobile Shop, Telibandha, Raipur, had dishonestly and fraudulently used the identity proofs and photographs of the said persons and others to activate a total of 121 mobile numbers. On the basis of such findings, the act was found to constitute an offence under Section 318(4) of the BNS, and accordingly, a crime was registered against the said POS operator, and the matter was transferred to the Range Cyber Police Station, Telibandha, Raipur for further investigation. Hence, the bail application.

3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 23.02.2026 passed in MCRC No.10429 of 2025, thereafter the applicant has preferred present second bail application on the ground that the applicant is in judicial custody since 08.10.2025 and so far as the status of trial is concerned, out of 57 witnesses, the statement of not a single witness has been recorded till date, further the charge-sheet has already been filed in the present case, hence, he prays for releasing the applicant on regular bail.

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. He further submits that the applicant allegedly being the operator of Mishri Mobile Shop (POS ID 37761997), dishonestly and fraudulently misused the identity documents and photographs of various persons without their knowledge or consent for activating multiple SIM cards, and thereafter issued/sold the same to unknown third parties, which were allegedly used in commission of cyber offences, 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. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 23.02.2026 passed in MCRC No. 10429 of 2025 on the ground that there are specific and serious allegations against the applicant, who, being an authorized POS operator, allegedly misused the identity documen