Asim Rai vs. State Of Chhattisgarh

Facts

The applicant, Asim Rai, is seeking regular bail in connection with Crime No. 46/2025 registered at Police Station Gandhinagar, District Surguja. The prosecution alleges that the complainant was defrauded of Rs. 1,77,903/- through an online scam involving a promotional offer. The complainant was induced to deposit various amounts, including GST charges, with the promise of a prize and refund, which were never delivered. During the investigation, it was found that part of the defrauded amount was transferred to bank accounts allegedly linked to the applicant. The applicant was arrested on 20.01.2026, and a charge sheet has been filed. The applicant claims innocence and attributes the transactions to his employee, Kausar Ali @ Munna, who had access to his bank account.

Held

The Court granted regular bail to the applicant, Asim Rai. The Court considered the facts and circumstances, including the submission of the charge sheet and the contents of the Investigating Officer's affidavit. It noted that the applicant had been in custody since 20.01.2026 and that the conclusion of the trial was likely to take time. The Court found that the applicant was entitled to be released on bail. The bail was granted on furnishing a personal bond with two local sureties, subject to several conditions aimed at ensuring the applicant's presence during trial and preventing misuse of liberty. These conditions include undertaking not to seek adjournments when witnesses are present, remaining present before the trial court, and facing proceedings under the Bharatiya Nyaya Sanhita for misuse of bail or failure to appear. The Court directed the office to send a certified copy of the order to the trial court for compliance.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the stage of investigation and the material collected. Petitioner's Arguments: The applicant argues that he is innocent and falsely implicated. He contends that the full defrauded amount was not transferred to his account and that the transactions were handled by his employee, Kausar Ali @ Munna, who had access to his bank account and mobile banking facilities. The applicant claims he had no knowledge of the source of the funds. He also points out that the alleged amount credited to his account has been seized/frozen, rendering further custody unnecessary. The applicant has been in judicial custody since 20.01.2026. Revenue's Arguments: The State/non-applicant opposes the bail application, noting that a charge sheet has been submitted against the applicant. The Investigating Officer's affidavit reveals that the defrauded amount was initially credited to the applicant's HDFC Bank account, linked to his mobile number, and subsequently withdrawn through ATM transactions. The applicant failed to cooperate with the investigation despite a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. During custodial interrogation, the applicant disclosed his connivance with Kausar Ali @ Munna in receiving proceeds of cyber fraud for monetary gain. Recoveries of cash, a mobile handset, and documents belonging to Kausar Ali were made from the applicant. The applicant's account was also used for other cyber fraud complaints, indicating active involvement in an organized network, leading to the invocation of Section 317(4) of the Bharatiya Nyaya Sanhita, 2023. Co-accused Kausar Ali is absconding.