Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28780
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3750 of 2025 Ajay Sahu S/o Madhuram Sahu Aged About 30 Years R/o Near Riya Ped Gokur Nagar, P.S. Gudiyari, District : Raipur, Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer P.S. Cyber Police Station Range - Raipur, District : Raipur, Chhattisgarh
... Non-Applicant(s) For Applicant : Mr. Balraj Gupta, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 27.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.129/2025, registered at Police Station – Cyber Range Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3), 3(5) of B.N.S. 2 The case of the prosecution, in brief, is that a bank account numbered 60486847875 registered in the name of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 applicant/accused exists in Bank of Maharashtra, Raipur Branch, with IFSC Code MAHB0002335. The mobile number 999334xxxx is registered with this account and a total sum of ₹58,41,876/- is reported to be deposited in it. An online complaint regarding cyber fraud was lodged on 25.04.2024 by the complainant Ramkali Jatav and another person, related to a financial transaction of ₹1,833/- in the above-mentioned account, under acknowledgment number
32107240022785. It is reported that under the same IFSC code, MAHB0002335, a total of 21 accounts are flagged as mule accounts. The case diary includes the account statement of account number 60486847875, maintained by the accused, covering the period from 06.04.2024 to 30.08.2024. Upon reviewing the statement, it is observed that around 30 to 40 transactions per day were made consistently. The credited amounts include transactions of ₹2,000/-, ₹5,000/-, ₹10,000/-, ₹500/-, ₹50,000/-, ₹3,000/-, and other such sums on a daily basis, indicating a highly unusual pattern of financial behavior. Therefore, the case has been registered against the accused at Cyber Police Station Range, Raipur under Crime No. 129/2025 for offences under Sections 317(2), 317(4), 317(5), 111(3), and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.). 3
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that as the accused himself barely educated, works as a labor supervisor where he himself work as a Raj Mistri and had received the payments from his employers. There have been no illegal transactions but only payments which can be perused from
3 the case diary and bank statements which had already been seized by the prosecution. He further submits that there has been no seizure from the present applicant and items seized are from some other persons. He also submits that the case is still pending for charge and the instrument used for the said fraud had also not been seized from the applicant. Neither the Numbers were seized nor the devices and the applicant is in jail since 26.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposes the prayer for grant of bail and submits that the bail application of the co- accused persons namely Shivkumar Nirmalkar and Sahil Jethwani, have already been rejected by this Court in MCRC No. 4856/2025 and MCRC No. 4906/2025, vide order dated 25.06.2025 and 26.06.2025 respectively, therefore, the bail application of the present applicant is liable to be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant/accused has carried out unusual financial transactions through the said account and the nature of the offence and the circumstances under which it was committed indicate that it is an organized crime carried out through cybercrime and the alleged crime pertains to fraud, which is of a serious nature and
4 such incidents are increasing rapidly, severely impacting not only the economy but also the banking system and further considering the fact that the bail application of the co-accused persons namely Shivkumar Nirmalkar and Sahil Jethwani, have already been rejected by this Court in MCRC No. 4856/2025 and MCRC No. 4906/2025, vide order dated 25.06.2025 and 26.06.2025 respectively, hence, this Court does not find a fit case to released the present applicant.
7 Accordingly, the bail application of the applicant – Ajay Sahu, involved in Crime No.129/2025, registered at Police Station – Cyber Range Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3), 3(5) of B.N.S., 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 Kunal