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Chattisgarh High Court
Shubham Gupta vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12768
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 768 of 2026
Shubham Gupta S/o Sunil Gupta Aged About 28 Years R/o Ward No. 7,
Abhanpur, P.S. Abhanpur, Distt. Raipur, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through P.S. Abhanpur, District- Raipur,
Chhattisgarh.
... Non-applicant
For Applicant : Mr. Arun Kukreja, Advocate.
For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
1.
The applicant has preferred this First Bail Application under Section
483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
442/2025, registered at Police Station : Abhanpur, District- Raipur
(C.G.) for the offence punishable under Section 318(4) of the
Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution, in brief, is that a letter dated
RAHUL
DEWANGAN 08.07.2025 was received from the Cyber Police Headquarters,
Digitally
signed by Sector-19, Atal Nagar, Raipur, informing that certain Point of Sales
RAHUL
DEWANGAN
(POS) operators in the district were issuing fake SIM cards, which
were being used not only for various offences but also for
committing cyber crimes in India from abroad. Upon verification of
the mobile numbers mentioned in the said letter, including
9617057870, 9977466167, 9977801335 and other 45 numbers,
certain persons, namely Pushpendra Kumar Sahu, Sandeep Kumar
Sahu and another Sandeep Kumar, were called to the police
station, who stated that the SIM cards had been issued in their
names without their knowledge by misuse of their identity
documents and that they had never used the said numbers. During
investigation, it was found that the said 48 SIM cards were
fraudulently issued by POS ID No. 31581997SHUBUP2A, Gupta
Telecom, located near Shani Mandir, Bus Stand, Abhanpur, District
Raipur, by dishonestly using the identity and photographs of the
said persons. Accordingly, an offence was registered and taken up
for investigation. Hence, this bail application.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case due to
mala fide intentions and personal enmity, and he has no connection
whatsoever with the alleged offence. He further submits that the
applicant was working as a distributor for VI Company under Nikunj
Traders, and his role was limited to activation of SIM cards in
accordance with company procedures, as well as collection of dues
and supply of SIMs and promotional materials to retailers, for which
a duty certificate has been filed. It is contended that the witnesses
themselves had approached the applicant for obtaining new SIM
cards, which were issued strictly in compliance with the prescribed
digital KYC process, including biometric verification, and thereafter
handed over to them. It is further submitted that as per company
policy, activation and verification of the SIM can only be completed
by the SIM holder, and therefore, any alleged misuse of SIM cards
cannot be attributed to the applicant. It is also submitted that as per
policy, only one SIM can be issued per person per day, making the
allegations of multiple SIMs doubtful. It is further contended that no
documentary evidence, including call detail records (CDR), has
been produced by the prosecution to substantiate the issuance of
alleged 48 fake SIM cards, and no recovery of the alleged POS ID
or related mobile number has been made from the applicant. He
further submits that the applicant has no criminal antecedents, the
charge-sheet has been submitted before the competent Court, and
he is in jail since 08.12.2025 and conclusion of the trial is likely to
take quite long time. Therefore, he prays for grant of regular bail to
the applicant.
4. On the other hand, the learned State counsel vehemently opposed the
bail application of the present applicant and submitted that the charge
sheet has been submitted before the competent Court. She further
submits that on the basis of information received from the Cyber
Police Headquarters, it was revealed that fake SIM cards were being
issued and used in the commission of cyber offences, including those
operated from abroad. It is further submitted that during investigation,
48 SIM cards were found to have been fraudulently issued by POS ID
No. 31581997SHUBUPTA, Gupta Telecom, Abhanpur, by misusing
the identity and photographs of unsuspecting persons. Further the
affidavit filed by the Investigating Officer, reveals that the SIM holders,
namely Pushpendra Kumar Sahu, Sandeep Kumar Sahu and
Sandeep Kumar, have categorically stated that they had no
knowledge of the said mobile numbers and were not in possession of
the same. It is further submitted that the present applicant, being the
shopkeeper of Gupta Telecom, has played an active role in
dishonestly issuing the said SIM cards, thereby facilitating cyber
crimes. Considering the seriousness of the offence, the manner in
which the crime has been committed, and the material collected
during investigation, it is prayed that the applicant is not entitled to be
released on bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the facts and circumstances of the case, the nature of
allegations, and the material available on record, this Court
observes that though the prosecution has alleged fraudulent
issuance of SIM cards and on the basis of the Investigating Officer's
affidavit, there is no prima facie material to establish that any fraud
has been directly committed by the present applicant. It is further
noted that the applicant was working in the ordinary course of his
duties as per company procedure, no incriminating material or
recovery has been made from his possession, and the allegations
are largely based on statements which are yet to be tested during
trial. Further the fact that the applicant is languishing in jail since
08.12.2025, he has no previous criminal antecedents and the
charge-sheet has been submitted before the competent Court and
the conclusion of the trial may take some more time, In view of the
aforesaid circumstances, without commenting on the merits of the
case, this Court is of the considered view that the present applicant
is entitled to be released on regular bail in this case.
7. Accordingly, the bail application of the applicant is allowed. Let the
Applicant - Shubham Gupta, involved in Crime No. 442/2025,
registered at Police Station : Abhanpur, District- Raipur (C.G.) for
the offence punishable under Section 318(4) of the Bharatiya Nyaya
Sanhita, 2023, be released on bail on furnishing personal bond
with two sureties in the like sum to the satisfaction of the Court
concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect
that he shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be
open for the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through
his counsel. In case of his absence, without sufficient
cause, the trial court may proceed against him under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuse the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS is issued and
the applicant fail to appear before the court on the
date fixed in such proclamation, then, the trial court
shall initiate proceedings against him, in accordance
with law, under Section 209 of the Bharatiya Nyaya
Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i) opening
of the case, (ii) framing of charge and (iii) recording of
statement under Section 351 of BNSS. If in the
opinion of the trial court absence of the applicant is
deliberate or without sufficient cause, then it shall be
open for the trial court to treat such default as abuse
of liberty of bail and proceed against him, in
accordance with law.
8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rahul Dewangan
