1 2025:CGHC:17880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2096 of 2025 Shubham Singh Thakur S/o Arjun Singh Thakur Aged About 27 Years R/o Mathpara Dudhadhari Mandir Road No. 64, Police Station Tikrapara Raipur, District Raipur Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through - Station House OfÏcer, Cyber Range District - Raipur Chhattisgarh --- Non-applicant(s) For Applicant : Mr. Shikhar Agnihotri, Advocate. For Non-applicant/State : Mr. Shashank Thakur, Dy. Adv. General. MCRC No. 2123 of 2025 Umesh Thadhas S/o Mani Ram Aged About 27 Years R/o Bhagat Singh Ward, In Front Of High School, Dongargarh, District- Rajnandgaon, C.G. ---Applicant(s) Versus State Of Chhattisgarh Through Ps- Civil Lines, District- Raipur, C.G. --- Non-applicant(s) For Applicant : Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Mr. Shashank Thakur, Dy. Adv. General. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 MCRC No. 2486 of 2025 Shubham Sharma S/o Rajesh Sharma Aged About 26 Years R/o C-125, Gayatri Nagar, Near Jagannath Mandir, Raipur, District Raipur, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through P.S. Cyber Range, Raipur, District Raipur, Chhattisgarh. ---- Non-applicant(s) For Applicant : Mr. N. Naha Roy, Advocate. For Non-applicant/State : Mr. Shashank Thakur, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2025 1. Proceedings of this case have been taken through video conferencing. 2. Since the above three bail applications are arising out of same crime number and same offence so they are being heard and decided by this common order. 3. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.44/2025, registered at Police Station Cyber Range/Civil Lines, Raipur, District: Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of BNS. 4. Case of the prosecution, in brief, is that the applicant is an employee of the Utkarsh Small Finance Bank Branch Civil Line 3 Raipur on dated 20.01.2025 vide portal of Ministry of Home Government of India Police Station Cyber Range Raipur has received information to take cognizance upon the mutual account holders so police has taken cognizance and made some query about 104 bank accounts of holders which were alleged to be used for cyber cheating of Rs. 36,48,448/- and on the query from the applicant and other bank employees, they have given the details of the bank account holders and duly informed about the procedure for opening of bank account and also informed that the bank account has been opened according to the procedure and the norms prescribed by the bank and after due procedure opened the bank account of some of the account holders. So, on the basis of the information given by the applicant and the other bank employees, all the bank account holders (customers) have been found on their respective address then some query has alleged to be made some account holders and then on the basis of their information the applicant has been arrested because they have taken some money from one Yash Bhatia and his associates who have been alleged to open the bank account of the said customers for their own use. So FIR has been lodged against the bank account holders and again called the applicant and arrested the applicant in the alleged commission of offence. 5. Learned counsel for the applicants submit that the applicants are innocent person and they have been falsely implicated in the instant case. They further submits that the present applicant is not at all involved in the alleged commission of offence, infact 4 according to the procedure prescribed under the banking act when any of the customer visits the bank where the applicant has been working any wants to open the bank account, he has duly fulfilled the norms of KYC account after due verification of the Aadhar card, thumb impression of the customer, address proof, phone number, and after taking the OTP then generated the bank accounts and the account has been open from the amount whatsoever deposited for the first time on the other bank account of the customer an account has been open in a UPI scheme, an OTP has been generated in the mobile number of the field agent and after verifying the OTP from the customer within the margin of 30 seconds, an account has been opened. So there is no any fault on the part of the applicants for opening of the bank account. He also submits that during the course of the investigation the applicant has been called and made some query about the bank account holder's address that whose bank account has been opened in the Utkarsh Small Finance Bank and the investigating ofÏcer has found the bank account holder in the same address which has been duly informed by the applicant and that itself indicates the applicant has after due verification opened the bank account of the bank account holder and he has fully complied with the norms and procedure of opening of the bank accounts. The applicant is having a good academic record and his marriage has taken place on 09.12.2024 and he has not directly or indirectly involved in the aforesaid crime and from the document it clearly appears that he was on leave in the month of November and December 2024 and the so called Yash Bhatia is 5 concerned, he having bank account in the Utkarsh Small Finance Bank and his relative's bank account is also at the Utkarsh Small Finance Bank and he asked some query from the bank manager and the employee about his bank account. So the conversation, if any that does not connect the applicant in the alleged commission of offence. 6. Learned counsel for the applicant namely-Umesh Thadhas submits that one Pankaj Sharma who is friend of the accused in lieu of the fact that he has to open account for meeting the targets opened the applicant account and thereafter, mobile number of the applicant- Umesh Thadhas was changed by him without the knowledge of the applicant and the applicant has neither received passbook and never got any information about the transaction which were being done in the said account. The allegation made by the complainants is oral and not supported by any documentary evidence which shows that no offence has been committed by the applicants and moreover, the name of the applicant-Umesh Thadhas is not mentioned in the FIR. He also submits that the applicant has never taken out any money from the said bank account which shows that the applicant has been falsely implicated. The applicant without following the procedure prescribed under Section 35 (3), 94 of BNSS has been arrested, no notice was served upon him and he has been wrongfully taken into custody. They further submits that in the present case, charge-sheet has not yet been filed and the applicants have no previous criminal antecedent further they are languishing in jail since 27.01.2025, 23.01.2025 and 04.02.2025 6 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants 7. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application of the present applicants and submits that in the present case, he has not yet received case diary further, charge-sheet has not yet filed before the competent Court moreover from perusal of the case diary, it appears that the Cyber Crime Reporting Portal informed about 104 bank accounts opened in Utkarsh Small Finance Bank, Civil Lines, Raipur, with IFSC code UTKS0001400, being used for cyber fraud. The Civil Lines police registered a case against all account holders and initiated an investigation. During the investigation, the account holders' information, registered mobile numbers, and KYC details were obtained. Upon questioning, it was discovered that the applicants’ account holders had rented out their accounts in exchange for money. The case diary also indicates that the applicants’ account were used for cyber fraud, with a transaction of ₹7,12,818 between November 21, 2024, and January 14, 2025 hence, looking to the seriousness, nature of the offence and the increasing trend of cybercrime, granting bail to the applicants do not seem appropriate. Therefore, their bail applications are liable to be rejected. 8. I have heard learned counsel appearing for the parties and perused the case diary. 9. Taking into consideration the facts and circumstances of the case that in the present case, charge-sheet has not been filed before the 7 competent Court and the applicants have no criminal antecedent however, from perusal of the trial Court rejection order, it reveals that the applicants’ accounts were used for cyber fraud, with a transaction of ₹7,12,818/- between November 21, 2024, to January 14, 2025 and it is an organized crime commited together hence, looking to the seriousness, nature of the offence and the increasing trend of cybercrime, granting bail to the applicants do not seem appropriate thus, this Court is of the view that it is not a fit case to release the applicants on bail. 10. Accordingly, the bail application of the applicants namely- Shubham Singh Thakur, Umesh Thadhas and Shubham Sharma involved in Crime No.44/2025, registered at Police Station Cyber Range/Civil Lines, Raipur, District: Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of BNS, is rejected. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal