Aazad Hussain Vs State of Chhattisgarh (Chhattisgarh High Court)
The applicant filed the first anticipatory bail application under Section 482 of the Bharatiya Nyaya Sanhita, 2023, seeking protection from arrest in connection with Crime No. 55/2021 registered at Police Station Chandaura, Surajpur, Chhattisgarh. The offences involved are under Sections 420, 467, 468, and 471 of the Indian Penal Code, along with Section 66-D of the Information Technology Act.
The prosecution case alleges that the applicant, along with co-accused, hatched a criminal conspiracy to commit a cyber crime. They allegedly made a fraudulent call to the complainant, Naveen Kumar, falsely informing him that he had won a lottery. By this allurement, the accused allegedly obtained Rs. 2,20,500 from the complainant under the pretext of GST and income tax. The charge sheet was filed in the absence of the applicant, who had been absconding.
The applicant’s counsel argued that he was innocent and falsely implicated. He cited that co-accused Manoj Yadav had been granted regular bail by the Court on 14 October 2022, and other co-accused—Vinay Yadav, Ekram Ansari, and Ramphal—had also been granted bail by the trial Court. Counsel submitted that statements of the complainant and witnesses did not implicate the applicant.
