Chattisgarh High Court
Upendra Singh vs State Of Chhattisgarh on 26 June, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:28275
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2791 of 2025
1 - Upendra Singh S/o Late Rampravesh Singh Aged About 47 Years R/o
Village Maathpaar Post Kajipur Police Station Sikandarpur District Baliya,
Uttar Pradesh, Present Address Maharana Chowk Room No. 36, Gaonddra
Nahar, Police Station Limbai District Surat, Gujarat.
2 - Shivshankar Prasad S/o Raamu Prasad Aged About 26 Years R/o Village
And Post Jhurijhuri Police Station Barkatta, District : Hazaribag, Jharkhand.
... applicants
versus
State Of Chhattisgarh Through Station House Officer Police Station Mohan
Nagar, Durg, Chhattisgarh.
... Non-applicant
For Applicants : Mr. Aman Pandey, Advocate
For Res./State : Mr. Malay Jain, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
26/06/2025
1.This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular 2 bail to the applicants who have been arrested in connection with Crime No. 44 of 2025 registered at Police Station Mohan Nagar, Distirct- Durg (C.G.) for the offence punishable under Sections 318(4) and 3(5) of BNS, 2023.
2. Case of the prosecution, in brief, is that the complainant on 03.02.2025, preferred a complaint alleging that when he went to use his ATM, it got struck in the machine and two unknown persons guided him to call on a number after which he checked Rs. 19,400 was withdrawn from his ATM card and on the basis of which FIR bearing No. FIR No. 44 of 2025 was registered under Section 218(4) and 3(5) of BNS, 2023 against the two unknown persons. In the memorandum of co-accused persons, the present applicants were named and therefore, they were arrested in the present case also as they were already languishing in jail at Rajnandgaon (C.G.). Hence this bail application.
3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in the crime in question. He would also submit that the complainant mentioned only two unknown person, on the basis of the memorandum of co-accused persons, the present applicants have falsely implicated in the commission of the offence. He would further submit that the applicants are in jail since 05.03.2025; conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants.
4. On the other hand, learned State Counsel opposes the bail application and would submit that the present is a case of online fraud and there are three previous criminal antecedents of similar nature have been 3 reported against the applicants as such they are said to be habitual offender, therefore they may not be granted bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering the fact that applicants are habitual offenders, as three antecedents of similar nature have been reported against them, further the manner in which the offence of online fraud is alleged to have been committed by the applicants, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail.
7. Accordingly, the bail application of applicant No.1- Upendra Singh and applicant No.2- Shivshankar Prasad involved in Crime No. 44 of 2025 registered at Police Station Mohan Nagar, Distirct- Durg (C.G.) for the offence punishable under Sections 318(4) and 3(5) of BNS, 2023, is rejected.
8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information.
- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
amita
Digitally signed by AMITA
AMITA DUBEY DUBEY
Date: 2025.07.01 11:46:05 +0530