MIRZA ISMAEIL vs STATE OF CHHATTISGARH

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GOURI
MUDALIAR


2026:CGHC:26380
Digitally signed
by GOURI
MUDALIAR
Date: 2026.06.30
14:44:57 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 946 of 2026
Mirza Ismaeil S/o Mirza Yusuf Baig Aged About 32 Years R/o Post Aland
Taluka Phulambari District Chh. Sambhaji Nagar (Aurangabad)
Maharashtra (431-134)
...Applicant
versus
State Of Chhattisgarh Through- Police Station Vidhansabha District
Raipur C.G.
... Respondent
(Cause title taken from case information system)
For Applicant : Shri Prateek Dhangar, Advocate through VC.
For
: Shri Nitansh Jaiswal, Dy.G.A.
Respondent/State
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board
29/06/2026
1. The applicant has preferred this application under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’),
for grant of anticipatory bail, apprehending his arrest in connection
with Crime No.345/2025, registered at Police Station

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Vidhansabha, District Raipur C.G. for alleged commission of
offence punishable under Sections 318(4), 3(5) B.N.S., 2023.
2. Case of the prosecution, in brief, is that the complainant was
allegedly contacted by unknown persons posing as SBI Customer
Care and Delhi Police officials, who falsely informed her that she
was involved in money laundering and placed her under a so-
called "digital arrest." By inducing fear and deception, they
persuaded her to transfer huge amounts of money to various bank
accounts on the pretext of verification by the RBI. Believing their
representations, the complainant transferred a total amount of Rs.
22,83,65,000/- to different accounts. When the money was not
returned and the accused stopped communicating with her, she
realized that she had been cheated and lodged a report, on the
basis of which the present FIR was registered for the alleged
offences.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
contended that the applicant's bank account was misused by
cyber fraudsters after his mobile phone and bank account were
hacked, and the applicant himself is a victim of the cyber crime.
Immediately after noticing the unauthorized transactions, he
informed the bank, reported the matter to the Cyber Crime Cell,
sought closure of his account, and fully cooperated with the
investigation. It is further submitted that the investigation is
complete, the charge-sheet has been filed, no recovery is to be

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made from the applicant, and there is no direct evidence
connecting him with the alleged offence except the money trail
through his bank account. The applicant did not receive any
wrongful gain, has no connection with the co-accused, and
similarly placed co-accused persons have already been granted
bail. He would submit that the applicant is a permanent resident of
address shown in the cause title, there is no likelihood of his
absconding or tampering with the prosecution evidence, and he
undertakes to abide by all conditions imposed by this Court.
Therefore, it is prayed that the applicant be granted anticipatory
bail.
4. On the other hand, learned State counsel opposes the prayer for
grant of anticipatory bail. He would submit that anticipatory bail
application of the co-accused Mohd. Nazar & Mohd. Suhail have
been rejected by this Court in MCRCA No.783 of 2026 on
17.06.2026.
5. I have heard learned counsel for the parties and perused the
materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, also
considering the nature and gravity of the allegations, the money
trail reflecting transfer of the defrauded amount through the
applicant's bank account, further the fact that anticipatory bail
application of the co-accused Mohd. Nazar & Mohd. Suhail have

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been rejected by this Court in MCRCA No.783 of 2026 on
17.06.2026 and also considering the fact that investigation is still
going on, I am not inclined to grant anticipatory bail to the
applicant.
7. Accordingly, the anticipatory bail application of the applicant -
Mirza Ismaeil , involved in Crime No.345/2025, registered at
Police Station Vidhansabha, District Raipur C.G. for alleged
commission of offence punishable under Sections 318(4), 3(5)
B.N.S., 2023 is rejected . Sd/-Sd S
S Sd/-
(Ramesh Sinha)
Chief Justice

gouri