1 2025:CGHC:22204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2634 of 2025 Ashish Rajak, S/o. Sharad Kumar Rajak, Aged About 25 Years, R/o. Ward No.09, Jyotipur, Police Station- Gourela, District Gourela- Pendra-Marwahi, Chhattisgarh. ... Applicant versus State Of Chhattisgarh, Through The Station House Officer, Police Of Police Station Pendra, District Gourela Pendra Marwahi, Chhattisgarh. ... Respondent For Applicant : Mr. Vijay Shankar Mishra, Advocate For Respondent : Mr. Neeraj Sharma, Dy. Advocate General Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.05.21 18:28:13 +0530 2 grant of regular bail, as he has been arrested in connection with Crime No. 46/2025, registered at Police Station- Pendra, District Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2)(A) & 112 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the complainant Manoj Kumar Hanotiya (A.S.I.) made a written complaint at Police Station- Gourela that he got an information from the informant coordinate centre (14C) that some bank accounts of different banks of his area are found to be involved in cyber fraud cases and Rs. 50,900/- was found to be received on those accounts, on the basis of which, the bank account of the present applicant was searched and it was found that the present applicant was involved in commission of online fraud registered at different States i.e. Rajasthan, Karnataka & Maharashtra. Accordingly, the pass-book and cheque book of the present applicant was seized and it is found that present applicant along-with one co- accused have engaged their accounts for getting commission in transfer of money. Accordingly, the offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits 3 that the applicant did not commit any fraud. He also submits that the applicant has no connection, direct or indirect, with the bank accounts alleged to be involved in commission of online fraud. He further submits that the applicant is in jail since 02.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. The learned counsel for the State/non-applicant opposes the bail application, submitting that the applicant is habitual offender and he used his bank account for getting commission in transfer of money, therefore, it is alleged that the applicant had participated in the online fraud, hence, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further considering the fact that the applicant is a habitual offender and he used his bank account for getting commission in transfer of money. As such, he has participated in the alleged online fraud, therefore, I am not inclined to grant regular bail to the present applicant. 4 7. Accordingly, the bail application of the applicant – Ashish Rajak, involved in Crime No. 46/2025 registered at Police Station- Pendra, District Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2)(A) & 112 of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ashok