NAVDHESH KUMAR SAHU vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
- Case type
- MISC. CRIMINAL CASE
- Decided on
- 18-03-2026
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2525 of 2026
Navdhesh Kumar Sahu S/o Late Shri Santosh Kumar Aged About 36 Years R/o
Vill- Sonsari, Ward No. 06, P.S. Mulmula, Dist.- Janjgir- Champa (C.G.)
... Applicant
versus
State of Chhattisgarh Through- S.H.O., P.S.Mulmula, Dist. Jangir Champa
(C.G.)
... Non-Applicant
For Applicant : Mr. Ravindra Sharma, Advocate.
For Non-Applicant/States : Ms. Anusha Naik, Deputy Government
Advocate.
Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board
18.03.2026
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 have been arrested in connection with Crime No.304/2025,
registered at Police Station – Mulmula, Raipur, District- Janjgir-Champa
(C.G.) for the offence punishable under Sections 420 of Indian Penal
Code and Section 66C of IT Act and Sections 42(3)(E) of Tele
Communication Act.
2. Earlier bail application of the applicant was rejected on merits by this
Court vide order dated 09.12.2025 passed in MCRC No. 8151/2025.
3. As per the prosecution story, Police Station Mulmula, District Janjgir–
Champa (C.G.), initiated an inquiry on the basis of a written complaint
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received from the In-charge, Cyber Cell, District Janjgir–Champa, on
21.09.2025. It was alleged that from the Point of Sale (POS) code
7869872497BSPSAHUMOBILE, Address: 02, Sonsari Road, Ward No.
06, Janjgir–Champa (C.G.) – 495553, a total of 20 SIM cards were
issued. Out of 27 SIM card holders, two customers, namely Lav Kumar
Sonwani and Ravindra Kumar Patle, informed that they were not using the
SIM cards registered in their names. It was further alleged that the
applicant sold 27 SIM cards to different persons to obtain undue benefits.
That Police Station Mulmula registered Crime No. 304/2025 for the
alleged offences punishable under Section 420 of the IPC and Section
66C of the IT Act, and arrested the applicant on 21.09.2025. During the
course of the investigation, Police Station Mulmula arrested the co-
accused, Surendra Kumar Barman, on 12.11.2025. After completion of
the investigation, a charge sheet was filed against the applicant and
another co-accused for offences punishable under Section 420 of the
IPC, Section 66C of the IT Act, and Section 42(3)(e) of the
Telecommunication Act. The applicant has been arrested despite the fact
that he has not committed any offence as alleged against him and has
been falsely implicated by the prosecution in the criminal case.
4. It is respectfully submitted by the learned counsel for the applicant that
the applicant is innocent and has been falsely implicated in the present
case. It is further submitted that the first bail application of the applicant
was rejected on merits by this Court vide order dated 09.12.2025 passed
in MCRC No. 8151/2025. This is the second bail application filed on
behalf of the present applicant on the ground that, out of 16 witnesses, 03
witnesses have been examined till date. It is further submitted that as per
the affidavit submitted, the four Sim numbers which has been allegedly
used in fraud has been activated by the Surendra Kumar Burman
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fraudulently by using the ID of the applicant, that the applicant was not
aware about the illegal act committed by the co-accused Surendra
Kumar, further the applicant has no previous criminal antecedents and the
charge sheet has already been filed. The applicant has been in jail since
21.09.2025. As the trial is likely to take a considerable time for its
conclusion, the applicant prays that he be released on bail.
5. On the other hand, the learned counsel for the State opposes the bail
application and submits that the first bail application of the applicant was
rejected by this Court on the ground that during investigation, it was found
that, upon receiving information regarding the fraudulent issuance of 27
mobile SIM cards, the initially registered customers were examined and
they denied purchasing or using the SIM cards issued in their names.
Consequently, the CAF (Customer Application Forms) of all such SIM
numbers were obtained from Airtel Company. On scrutiny of the CAFs, it
was revealed that POS Code 7869872497 was issued from 'Sahu
Mobile', located at Sonsari Road, Ward No. 6, Janjgir-Champa, the
operator of which is the present applicant, Navdhesh Kumar Sahu, who
fraudulently activated the said 27 SIM cards using the identity documents
of various victims for illegal gain. Investigation further revealed that the
applicant used the personal documents of customers to fraudulently
activate SIM cards in the names of witnesses. On the basis of evidence
received from the Cyber Cell and the statements of witnesses, the
memorandum statement of the applicant was recorded, wherein he
admitted that he has been running 'Sahu Mobile since 2014, works as a
retailer for Airtel and Jio, created his own POS Code, and gave this POS
Code to one Surendra to activate SIM cards fraudulently without the
knowledge of the genuine subscribers. Pursuant to his memorandum, the
mobile phone used and a copy of the biometric device 'AutoZ Banking'
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were seized, and offences under Section 42(2)(e) of the Telecom Act,
2023 were also found to be attracted. It was further found that, out of the
27 SIM cards 10 have reported online financial fraud complaints, and 6
SIM cards were used to commit financial fraud totaling
Rs.2,06,54,946.21/-. Therefore, the present bail application is liable to be
rejected.
6. I have heard learned counsel for the parties and perused the documents
available on record.
7. Considering the facts and circumstances of the case, the nature and
gravity of the allegations made against the applicant, and the fact that this
is the second bail application filed by the applicant, although the first bail
application was dismissed by this Court on merits vide order dated
09.12.2025 passed in MCRC No. 8151/2025, a new ground has now
arisen that the applicant has been in judicial custody since 21.09.2025,
further out of 16witnesses, 03 witnesses have been examined, but
considering the serious nature of the allegations, and also considering the
fact that the fraudulent activities were carried out through the misuse of
SIM cards sold from the applicant’s shop, further during the course of
investigation, it was revealed that out of 27 SIM cards issued, 10 were
linked to online financial fraud complaints, moreover, 6 of these SIM cards
were specifically used in committing financial fraud amounting to
Rs.2,06,54,946.21/-, this Court is of the opinion that it is not a fit case to
enlarge the applicant on regular bail .
8. Accordingly, the second bail application of the applicant - Navdhesh
Kumar Sahu involved in Crime No.304/2025, registered at Police Station
– Mulmula, Raipur, District- Janjgir-Champa (C.G.) for the offence
punishable under Sections 420 of Indian Penal Code and Section 66C of
IT Act and Sections 42(3)(E) of Tele Communication Act, is rejected at
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this stage.
9. However, this Court hope and trust that the trial Court shall make an
earnest endeavour to conclude the trial within a period of six months
from the date of receipt of a certified copy of this order, if there is no legal
impediment.
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