Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 258/2024, registered at Police Station Aamanaka, Raipur, District Raipur (CG) for the offence punishable under Section 420 of the Indian Penal Code (IPC).

2. The prosecution story in brief, is that on 12.05.2024 at around 11 P.M., the complainant, Anuradha Singh, a resident of Raipur, received a phone call from the number 96649xxxxx, wherein the caller informed her that he dealt in the sale of jewelry, mobile phones, clothes, etc. When the complainant placed an online order, she was asked to pay customs duty and other charges, and was allegedly made to pay a total amount of Rs. 25,20,700/- into various SBI accounts. Thereby, applicant/accused alongwith other co-accused committed online fraud by cheating a total amount of Rs. 25,20,700/-. Thereafter, aforementioned offences have been registered against the applicant and subsequently, he was arrested. Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant is innocent, only on the basis of mere suspicion, he has been falsely implicated in the present case. He further submit that on the basis of a compromise arrived at between the parties, the learned trial Court has been pleased to grant bail to the other co-accused persons vide order dated 10.07.2025, upon furnishing a bail bond of Rs. 5,000/-. Therefore, on the ground of parity, this Court may kindly be pleased to consider the case of the present applicant and enlarge him on bail, copy of the bail order passed in favour of the co-accused persons is annexed herewith as Annexure A-3. The applicant is in jail since 22.12.2024 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 opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant in connivance with other co-accused persons, was involved in committing an online fraud by inducing the complainant to transfer money on the pretext of payment of customs duty and other charges for delivery of goods, and thereby dishonestly cheated her of a total amount of Rs. 25,20,700/-, the applicant was part of the conspiracy and facilitated the transfer of the said amount into various bank accounts. He also submits that bail applications of two of the co-accused persons, namely, Mohammad Saba Karim and Arshad Ansari have already been rejected by this Court vide orders dated 07.05.2025 and 23.06.2025 passed in MCRC Nos. 3531 of 2025 and 3789 of 2025, respectively, therefore, the bail application of present is also liable to be rejected.

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

6. From perusal of the record, it appears that the applicant in connivance with other co-accused persons, was involved in committing an online fraud by inducing the complainant to transfer money on the pretext of payment of customs duty and other charges for delivery of goods, and thereby dishonestly cheated her of a total amount of Rs. 25,20,700/-. The investigation further reveals that the applicant was part of the conspiracy and facilitated the transfer of the said amount into various bank accounts. Moreover, the bail applications preferred by two co-accused persons, namely, Mohammad Saba Karim and Arshad Ansari, against whom identical allegations have been levelled, have already been dismissed by this Court vide orders dated 07.05.2025 and 23.06.2025 passed in MCRC Nos. 3531 of 2025 and 3789 of 2025, respectively, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.