Chattisgarh High Court
Jagmohan Bharti vs State Of Chhattisgarh on 24 February, 2026
1
2026:CGHC:9516
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 880 of 2026
Jagmohan Bharti S/o Late Shri Muktavan Bharti Aged About 39 Years R/o
House No. 208 Satnami. Para Dunda Raipur, District- Raipur (C.G.)
... Applicant
versus
State of Chhattisgarh Through- The Station House Officer of The Police Station-
Civil Line, Raipur District- Raipur (C.G.)
... Non-Applicant
For Applicant : Mr. Rajendra Patel and Mr. Aniruddha
Shrivastava, Advocate.
For Non-applicant/State : Dr. Sourabh Pandey, Deputy Advocate General.
Digitally
signed by
PREETI Hon'ble Shri Ramesh Sinha, Chief Justice
PREETI KUMARI
KUMARI Date:
2026.02.25
Order On Board
24.02.2026
15:51:51
+0530
1.This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 290/2025, registered at Police Station - Civil Lines, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of BNS and Section 42(3) of Telegraph Act.
2. As per the prosecution story in brief, is that the complainant, on 26.06.2025, information received from the Indian Cyber Crime Coordination Centre Portal, Ministry of Home Affairs, Government of India revealed that 41 mobile SIM numbers were used to commit cyber fraud and obtain illegal funds. Based on this, the Cyber Police Station, Raipur initiated legal action. During investigation it shows that these SIM cards were used to contact victims and deceitfully induce them to transfer 2 money, thereby causing wrongful loss to the public and unlawful gain to the accused persons. The SIMs were allegedly procured using forged documents and misused for organized cyber fraud activities. Hence, this application.
3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case, and there is no evidence on record to prove that the applicant is involved in the online fraud. It is further submitted that the prosecution has failed to place on record any material to show that the said mobile number belongs to, or was being used by, the applicant. There is no Subscriber Detail Record (SDR) or Customer Application Form (CAF) linking the applicant with the alleged phone number. In the absence of such primary evidence, the allegation that the applicant contacted the complainant is baseless and does not establish any direct involvement of the applicant in the alleged offence. It is further submitted that there is no any previous criminal antecedents of the applicant, and the applicant is in jail since 15.09.2025, and the trial is likely to take quite long time, hence, he prays for grant of bail.
4. On the other hand, learned State counsel opposed the prayer for grant of bail to the applicant and submitted that complainant received information on 26.06.2025 from the Indian Cyber Crime Coordination Centre Portal, Ministry of Home Affairs, Government of India, revealing that 41 mobile SIM numbers were used in the commission of cyber fraud to generate illegal proceeds. Acting upon the said information, the Cyber Police Station, Raipur initiated legal action. The investigation discloses that the said SIM cards were systematically used to contact unsuspecting victims and deceitfully induce them to transfer money, resulting in wrongful loss to the public and corresponding unlawful gain to the accused persons. It is 3 further revealed that the SIM cards were procured on forged documents and were deliberately misused as part of an organized cyber fraud operation. Further, the bail application of the co-accused persons, namely, Panna Lal Sahu and Ashish Singh has already been rejected by this Court vide order dated 17.12.2025 passed in MCRC Nos. 8362/2025 and 8991/2025, respectively. Therefore, the bail application of the applicant is liable to be rejected.
5. I have heard learned counsel for the parties and perused the material available on record.
6. In compliance of the Court's order dated 29.01.2026, the Investigating Officer of the subject Crime Number, Police Station Range Cyber, Raipur, District - Raipur (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under:
"6. That, as per the case of the prosecution, on 26.06.2025, the Sub Inspector, Police Station Civil Lines Raipur, lodged the present FIR on the basis of the information. received from the Cyber Crime Coordination Portal, Ministry of Home Affairs, Government of India to the effect that, certain unknown accused persons, in furtherance of a criminal conspiracy, have fraudulently obtained unlawful monetary gain by misusing several mobile SIM Numbers.
7. That, during the course of investigation, it has been revealed that, as many as 41 SIM numbers were involved in such illegal activities.
8. That, on the basis of the application received from the Range Cyber Police Station Raipur, the offences under Sections 317 (2), 317 (4), 317 (5), 111 and 3 (5) of the Bhartiya Nyay Sanhita, 2023 and under Section 42 (3) (e) of the Indian Telegraphs Act, have been registered against the accused persons.
9. That, during the course of investigation, it was revealed that, between the period from 04.01.2024 to 02.03.2025, the aforesaid SIM Numbers were utilized for the purpose of committing cyber fraud and by such fraudulent means, a total sum of Rs. 18,52,654/- has been dishonestly obtained by the accused persons. It is further revealed that, the present accused applicant alongwith other accused persons, were 4 instrumental in the use of the aforesaid SIM Cards and thereby deceived innocent persons/people to part with their money, which was subsequently misappropriated.
10. That, during the course of investigation, it has been found and revealed that, one Jio Company Mobile Number7697089001, which is registered in the name of one Dileshwar Kumar Sahu, S/o Rajendra Kumar Sahu, resident of Dharsiwa, Raipur has been found and by using the aforesaid mobile number, one complainant has been cheated of Rs. 27,000/- through cyber fraud. Regarding fraud using the aforesaid mobile number, it has been found that, the complainant Annu with Acknowledgement Number 31303240014778 has used it in cyber fraud in the Cyber Crime Portal/1930 of Ministry of Home Affairs, Government of India. The Jio Company Mobile Number used in the incident is 7697089001, which has been activated by the present accused applicant Panna Lal Sahu S/o Leeladhar Sahu resident of House No. 108, Near Bajrang Chowk, Village Parastarai, Police Station Dharsiwa, Raipur and the same has been activated through the mobile numbers 7869742111 and 9755993300.
11. That, thereafter, a notice under Section 35 (3) of BNSS was given to the accused Panna Lal Sahu to submit a satisfactory reply and subsequently, his memorandum statement has been taken wherein, after duly questioning him in the presence of witnesses, he has categorically deposed that, he is resident of Dharsiwa area and sells SIM Cards of mobile service provider companies Airtel, Vodafone, Idea by roaming around in every village with an umbrella. The accused sells both e-KYC and D-KYC SIM Cards. The accused used to take out additional SIM Cards from customers who came to buy SIM Cards, using their Thumb impression and Aadhar Cards, without their knowledge in addition to the SIM card, they already had and keep it with himself. For the same reasons, the accused also took out a mobile number 7697089001 in the name of one Dileshwar Kumar Sahu @ Dabburesident of Village Deori, who is mentally challenged, without their knowledge and sold it. The accused told that, he sold the said SIM card to Ramakrishna Kushwaha, resident of Maihar, Madhya Pradesh, currently residing in Birgaon, Raipur, Chhattisgarh whose mobile number is 7879539991 for Rs. 500/-. Similarly, he admitted selling around 40-50 SIM Cards to Ramkrishna Kushwaha. The search is ongoing as the said accused Ramkrishna Kushwaha is absconding. The accused is reported to not have any additional SIM. He was also found to have no valid documents or licenses regarding selling SIM Cards. He stated that, he spent the approximately Rs. 25000/- received for selling the additional SIM Cards for his daily use.5
12. That, during the course of investigation, it was found that, using mobile numbers 8319735822, 7224094255, the complainant has been defrauded of Rs. 1,45,00/- online in the name of Share trading. Regarding the fraud using the said mobile numbers, the complainant/victim Mamta Anil Tikle with Acknowledgement Number 31910240150914 has filed an online report of cyber fraud on the National Cyber Crime Reporting Coordination Portal. The mobile numbers 8319735822 and 7224094255 used in the cyber fraud have been found to be in the name of Aarti Satnami, resident of Village Dunda, PS Mujgahan, District Raipur. The above mobile numbers were being operated by the present accused applicant Jagmohan Bharti, resident of the same village Dunda, PS Mujgahan, District Raipur. Thereafter, the present accused applicant Jagmohan Bharti was summoned and interrogated regarding the incident and his memorandum statement has been recorded infront of the witnesses.
13. That, the present accused applicant Jagmohan Bharti has stated in his memorandum statement that, on the advice of his former acquaintance Anil Umashankar Tiwary, by luring Mamta Anil Tikle and her son Viraj Tikle to invest money in Share Trading, has cheated Manta Anil Tikle by receiving Rs. 20000 on 18.07.2024 and Rs. 45000/- on 31.07.2024, totaling Rs. 65000/- through PhonePay in the Indusind Bank Account of his wife Ahilya Bharti.
14. That, in the course of re-investigation of the case, evidence and involvement against the present accused applicant and other accused was found, hence, they were arrested and are lodged in Central Jail, Raipur on judicial remand. There is a strong possibility that, the accused in this case will abscond upon receiving bail and may influence and mislead witnesses in the case.
15. That, the present accused Applicant has been arrested by the police of Police Station Civil Lines, Raipur on 08.09.2025; in connection with Crime No. 290/2025, registered at Police Station Civil Lines, Raipur, District Raipur (C.G.) against the accused Applicant and other accused persons for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 111 and 3 (5) of the Bhartiya Nyay Sanhita, 2023 and under Section 42 (3) (e) of the Indian Telegraph Act, 1885 (amended 2023).
16. That, if the present accused/applicant is granted bail, he will certainly abscond which will have an adverse effect on the investigation of the case and his morale will be boosted and he will again form his own gang and repeat the serious crime like cyber fraud which will create resentment in the society, as he has been arrested after considerable efforts made by the concerned police authorities.6
7. Considering the facts and circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the applicant was actively and consciously involved in a well-organized and systematic cyber crime syndicate, wherein a total of 41 mobile SIM cards were illegally procured, activated and misused during the period from 04.01.2024 to 02.03.2025 for the purpose of committing cyber fraud. During the course of investigation, it was found that, using mobile numbers 8319735822, 7224094255, the complainant has been defrauded of Rs. 1,45,00/- online in the name of Share trading. Regarding the fraud using the said mobile numbers, the complainant/victim Mamta Anil Tikle with Acknowledgement Number 31910240150914 has filed an online report of cyber fraud on the National Cyber Crime Reporting Coordination Portal. The mobile numbers 8319735822 and 7224094255 used in the cyber fraud have been found to be in the name of Aarti Satnami, resident of Village Dunda, PS Mujgahan, District Raipur. The above mobile numbers were being operated by the present accused applicant Jagmohan Bharti, resident of the same village Dunda, PS Mujgahan, District Raipur. Thereafter, the present accused applicant Jagmohan Bharti was summoned and interrogated regarding the incident and his memorandum statement has been recorded infront of the witnesses. The present accused applicant Jagmohan Bharti has stated in his memorandum statement that, on the advice of his former acquaintance Anil Umashankar Tiwary, by luring Mamta Anil Tikle and her son Viraj Tikle to invest money in Share Trading, has cheated Manta Anil Tikle by receiving Rs. 20000/- on 18.07.2024 and Rs. 45000/- on 31.07.2024, totaling Rs. 65,000/- through PhonePay in the Indusind Bank Account of his wife Ahilya Bharti.. Taking into consideration the gravity of the offence, the enormous defrauded 7 amount, the ongoing investigation and the clear possibility that the applicant may abscond, influence witnesses, or re-engage in similar criminal activities if released on bail, further, the bail application of the co-accused persons, namely, Panna Lal Sahu and Ashish Singh has already been rejected by this Court vide order dated 17.12.2025 passed in MCRC Nos. 8362/2025 and 8991/2025, respectively thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
8. Accordingly, this first bail application of applicant - Jagmohan Bharti, involved in Crime No. 290/2025, registered at Police Station - Civil Lines, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2),(4),(5), 111 and 3(5) of BNS and Section 42(3) of Telegraph Act, is rejected at this stage.
9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously.
10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Preeti