AI Structured Summary
Not yet generated for this judgment
Judgment
G. Satapathy, J.
Since these five bail applications arise out of one and same case record, the same are heard together and disposed of by this common judgment with the consent of the learned counsel for the parties.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Cyber Crime and Economic Offence, Sundargarh PS Case No.04 of 2026 arising out of GR Case No.591 of 2026 pending in the Court of learned SDJM, Sundargarh, for commission of offence punishable U/Ss.317(2)/318(2)/ 323/111(3)/111(4)/3(5) of BNS r/w. Sections 66(C)/66(D) of the IT Act.
The background facts in precise are that during the month of March, 2023, the petitioner Krushna Kumbhar @ Kishan came in contact with the petitioner Ranjan Khilari @ Sunil through one Rajan Ratan Kujur and both the petitioners, accordingly, planned to open a Company to cheat innocent and gullible persons and they contacted one Vidyadhar Pandav to obtain documents, such as PAN, TAN & Corporate Identity Number (CIN) for opening up a Company. In the process, both the petitioners opened a Company in the name and style as “RRK Public Bazaar Pvt. Ltd.” with two current bank accounts in Bank of Baroda & Axis Bank in the name of such Company and, thereafter, one Bhawani Shankar Lakra introduced the petitioner Subash Chandra Raul @ Raulo to petitioner Krushna Kumbhar @ Kishan and the former (Subash Chandra Raul @ Raulo) assured the petitioner Krushna Kumbhar @ Kishan to provide Rs.2 Crores for the business of the Company and, accordingly, the petitioner Subash Chandra Raul @ Raulo took the petitioner Krushna Kumbhar @ Kishan to Delhi and then to Kolkata and ultimately to Digha, where he introduced the petitioner Krushna Kumbhar @ Kishan to petitioner Basant Singh @ Singh Sir @ Big Boss, who was handed over by the petitioner Krushna Kumbhar @ Kishan the current accounts credentials of “RRK Public Bazaar Pvt. Ltd” against payment of Rs.2,20,000/-, which was handed over to petitioner Krushna Kumbhar @ Kishan at Bhubaneswar by petitioner Subash Chandra Raul @ Raulo, who also assured the former for commission of 0.8% on the transaction amount made in the aforesaid current bank accounts.
In the course of verification of Axis Bank account No.923020050737950 standing in the name of “RRK Public Bazaar Pvt. Ltd” by the Inspector S.K. Soren, CC & EO PS, Sundargarh, which is stated to be operated jointly by the petitioners Krushna Kumbhar @ Kishan and Ranjan Khilari @ Sunil, it was found that during 01.03.2025 to 28.02.2026, an amount of Rs.6,53,43,924.64/- was credited to the aforesaid account from various sources and a sum of Rs.6,50,42,181.24/- was diverted shortly through IMPS, NEFT and other online banking channels and during such verification, it was found that the aforesaid account has already been frozen and linked with 149 cyber-crime complaints across India. Accordingly, on the report of inspector S.K. Soren, an FIR in CC & EO PS Case No.04 dated 29.03.2026 was registered against the petitioners Ranjan Khilari @ Sunil, Krushna Kumbhar @ Kishan and unknown persons for commission of offence punishable U/Ss.317(2)/318(2)/ 323/111(3)/111(4)/3(5) of BNS r/w. Sec. 66(C)/66(D) of the IT Act. Accordingly, the petitioners Ranjan Khilari @ Sunil and Krushna Kumbhar @ Kishan were initially arrested, but during the course of investigation, the involvement of the other petitioners was unearthed and it is learnt that the petitioner Basant Singh @ Singh Sir @ Big Boss was using bank credentials of the aforesaid account through an APK file namely “Super-SMS.apk” for generating OTPs and transmitting such OTPs to the fraudsters and the persons who had supplied such current accounts were given return of commission @ 3% to 4%. In the course of investigation, it was also unearthed that the petitioner Basant Singh @ Singh Sir @ Big Boss was found in possession of mobile number containing statements of 20 nos. of current accounts, which were linked for 267 cyber-crime complaints and all total, the petitioner Basant Singh @ Singh Sir @ Big Boss was found to have statement of 21 nos. of current accounts, which were linked with 416 cyber-crime complaints including the account standing in the name of “RRK Public Bazaar Pvt. Ltd”. On conclusion of investigation, charge-sheet was placed in this case against the petitioners. Accordingly, all the petitioners were taken into custody, but they are before this Court in these bail applications after they remained unsuccessful in securing their liberty before the learned Additional Sessions Judge, Sundargarh.
Heard, Mr. Swaraj Patel, learned counsel appearing virtually for the petitioner in BLAPL No.5178 of 2026; Mr. Shibani Shankar Pradhan, learned counsel appearing virtually for the petitioner in BLAPL No.5204 of 2026; Mr. Sidhartha Sankar Ray(2), learned counsel for the petitioner in BLAPL No.6445 of 2026; Mr. Debashis Routray, learned counsel for the petitioner in BLAPL No.6799 of 2026; Mr. Uma Shankar Patel, learned counsel appearing virtually for the petitioner in BLAPL No.6959 of 2026 and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record.
After having considered the rival submissions upon perusal of record, no doubt there appears allegation of transaction of Rs.6,50,42,181.24/- in the Axis Bank current account of “RRK Public Bazaar Pvt. Ltd.”, which is stated to be operated jointly by the petitioners Krushna Kumbhar @ Kishan and Ranjan Khilari @ Sunil and such account being linked with 149 cyber crime complaints across India, but the petitioners Krushna Kumbhar @ Kishan and Ranjan Khilari @ Sunil have received a sum of Rs.2,20,000/- at Bhubaneswar from the petitioner Subash Chandra Raul @ Raulo, who allegedly introduced him with the principal accused Basant Singh @ Singh Sir @ Big Boss against whom there appears main allegation of receiving the bank credentials of 21 nos. of current accounts including the Axis Bank account of “RRK Public Bazaar Pvt. Ltd.”; such as Cheque Books, ATM Cards and Internet Banking Credentials (User ID and Password) with account No.923020050737950 on further assurance to the petitioner Krushna Kumbhar @ Kishan for payment of commission of 0.8% of the total transaction amount. Similarly, there appears allegation against the petitioner SK Alamgir for arranging flight tickets for the petitioners Krushna Kumbhar @ Kishan and Subash Chandra Raul @ Raulo and also meeting them at Digha along with the accused-petitioner Basant Singh @ Singh Sir @ Big Boss, whereas the allegation against the petitioner Subash Chandra Raul @ Raulo is for introducing the petitioner Krushna Kumbhar @ Kishan to the principal accused Basant Singh @ Singh Sir @ Big Boss. Further, there appears allegation against the petitioner Basant Singh @ Singh Sir @ Big Boss for generating OTPs by using APK file namely “Super-SMS.apk” and using such current accounts and credentials for online financial fraud.
In the course of investigation, the investigating officer has seized the mobile phone of the petitioner Basant Singh @ Singh Sir @ Big Boss and on verification of his mobile phone, it was found that such mobile phone contained the statement of 20 nos. of current accounts of others and the statement of the current bank account standing in the name of “RRK Public Bazaar Pvt. Ltd.” and all total 416 cyber complaints have been linked with such 21 nos. of current bank accounts. Additionally, it is found from the record that the petitioner Basant Singh @ Singh Sir @ Big Boss has been convicted in Hare Street PS Case No.184 dated 04.07.2018, which was registered for offences U/Ss.120-B/419/420/465/467/ 471 of IPC r/w Section 5 of ES Act, on the main allegation of entering into conspiracy for uranium smuggling.
In the aforesaid facts and circumstance and on consideration of materials placed on record and there being no direct evidence available against all the petitioners except Basant Singh @ Singh Sir @ Big Boss for committing online financial fraud and taking into account the role as alleged against each of the petitioners, this Court while not being inclined to grant bail to the petitioner Basant Singh @ Singh Sir @ Big Boss in BLAPL No.6959 of 2026 considers it proper to admit the rest of the petitioners to bail.
Hence, the prayer for bail of the Basant Singh @ Singh Sir @ Big Boss in BLAPL No.6959 of 2026 stands rejected, whereas the prayer for bail of the petitioners Krushna Kumbhar @ Kishan in BLAPL No.5178 of 2026; Ranjan Khilari @ Sunil in BLAPL No.5204 of 2026; S.K. Alamgir in BLAPL No.6445 of 2026 and Subash Chandra Raul @ Raulo in BLAPL No.6799 of 2026 stands allowed. Accordingly, the petitioners be allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.
Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.