Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:28732
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4057 of 2025 Sameer Janbandhu S/o Suresh Janbandhu Aged About 27 Years R/o Shivaji Nagar, Daldal Sivni, Mowa, District- Raipur (C.G.)
. .. Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Lines, District- Raipur (C.G.)
... Respondent For Applicant : Shri Rajeev Kumar Dubey, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 27/06/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.44/2025 registered at Police Station Civil Lines, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:51:47 +0530
2 317(5), 111, 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Case of the prosecution, in brief, is that the complainant Jainvin John lodged an online report in cyber crime portal of Ministry of Home Affairs, Govt. of India. As per instructions received from the senior office, information regarding bank accounts used for cyber fraud, their utilization, and promotion was collected through the "Samanvay" Portal operated by the Indian Cyber Crime Coordination Centre, Ministry of Home Affairs, Government of India. This portal serves as a guiding platform for police to share information related to cybercrime investigations. It was found that in Utkarsh Small Finance Bank, Raipur Branch, with IFSC Code UTKS0001400, a total of 104 bank accounts were involved in receiving a sum of Rs. 36,48,448/- obtained through cyber fraud. The funds obtained through cyber fraud were utilized by the account holders/promoters. In various account numbers, a total fraudulent amount of Rs. 36,48,448/- was deposited between 01.01.2024 and 31.12.2024. These funds, acquired through cyber fraud, were used by the account holders/promoters, who knowingly engaged in illegal activities, understanding that the property was obtained through dishonest or fraudulent means. They were found to have actively acquired, concealed, or disposed of such property, believing it to be proceeds of crime, thereby promoting such activities. On the basis of aforesaid online complaint, the police of Police Station Civil Lines, District Raipur registered FIR bearing Crime No. 44/2025 for the offence punishable under 317(2), 317(4), 317(5), 111, 3(5) of Bharatiya Nyaya Sanhita, 2023 and investigation was initiated. After completion of entire investigation, charge-sheet has been filed and the case is pending before the learned Chief Judicial Magistrate, Raipur,
3 District Raipur (C.G.) as Criminal Case No. 14374/2025.
3.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that in the FIR bearing Crime No. 44/2025 registered at Police Station Civil Lines, Raipur, there is no named report has been filed against the present applicant. He would submit that the prosecution's case appears to be based on circumstantial assumptions rather than concrete proof of the applicant's involvement in the alleged cyber fraud. He would further submit that the FIR and the charge-sheet do not specify the applicant's role or actions in the alleged cyber fraud. He would submit that charge sheet has been filed in this case, applicant is in jail since 23/01/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in the present case before the competent court. He would submit that bail application of co- accused persons namely Anupam Shukla in MCRC No. 3846 of 2025, Praveen Thakur in MCRC No.3996 of 2025 and Om Aarya in MCRC No. 4011 of 2025 have been rejected by this Court on 22.05.2025. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the nature and gravity of the offence and the material available on record, it is evident that the present applicant was actively
4 involved in the commission of cyber fraud amounting to the tune of Rs.36,48,448/- and it is an organized crime and also considering the fact that bail application of co-accused persons namely Anupam Shukla in MCRC No. 3846 of 2025, Praveen Thakur in MCRC No.3996 of 2025 and Om Aarya in MCRC No. 4011 of 2025 have been rejected by this Court on 22.05.2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Sameer Janbandhu involved in Crime No.44/2025 registered at Police Station Civil Lines, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of Bharatiya Nyaya Sanhita, 2023 is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information.
-
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE gouri