Rahul Prakash Kamdi & Anr. vs State Of Chhattisgarh

Hon'ble Mr. Rakesh Mohan Pandey, Judge

The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as they have been arrested in connection with Crime No. 02/2026, registered at Police Station Cyber Range, Bilaspur, District Bilaspur (C.G.), for the offences punishable under Sections 308(6), 318(4) and 3(5) of the BNS and Sections 66(C) and 66(D) of the Information Technology Act.

The prosecution story, in brief, is that on 28.04.2026, the complainant Prashant Shrivastava lodged a report alleging that his mother was subjected to a digital arrest by unknown persons through WhatsApp video and voice calls, who impersonated officials of investigating agencies and threatened her with arrest on false allegations of funding terrorist organisations. The accused persons allegedly sent forged documents purportedly issued by the RBI and other authorities and by creating fear of legal action, induced her to transfer an amount of Rs. 1,04,80,000/- into different bank accounts. During investigation, the involvement of the present applicants allegedly surfaced in the financial transactions and routing of the defrauded amount, whereupon they were implicated in the present case.

Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. He would further submit that the applicants neither contacted nor threatened the complainant or his mother and no communication connecting them with the alleged digital arrest has been established. He would further submit that similarly situated co-accused Rupendra Singh, whose bail application was rejected by a Co-ordinate Bench of this Court in MCRC No. 5943/2026, subsequently approached the Hon'ble Supreme Court by filing SLP (Criminal) No. 16397/2026, wherein he was granted bail. It is contended that the case of the present applicants stands on a better footing than that of the said co-accused and therefore, they are also entitled to be released on bail on the ground of parity.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the applicants are involved in a serious and organised cyber fraud involving an amount of Rs. 1,04,80,000/-, which was allegedly obtained by subjecting the complainant's mother to a digital arrest. The material collected during investigation prima facie indicates their involvement in the financial transactions and routing of the defrauded amount. However, learned State counsel could not dispute the fact that co-accused Rupendra Singh has already been granted bail by the Hon'ble Supreme Court.

I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record.

Having considered the facts and circumstances of the case, nature and gravity of the offences alleged against the applicants, the fact that similarly situated co-accused Rupendra Singh, whose bail application was earlier rejected by a Co-ordinate Bench of this Court in MCRC No. 5943/2026, subsequently approached the Hon'ble Supreme Court by filing SLP (Criminal) No. 16397/2026 and was granted bail, coupled with the submission that the case of the present applicants stands on a better footing than that of the said co-accused and further considering that the charge-sheet has already been filed, this Court, without further commenting upon the merits of the case, is inclined to grant bail to the applicants on the ground of parity.

Accordingly, the bail application of the applicants is allowed. It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-