1 2025:CGHC:32316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4647 of 2025 • Dr. Gourhari Mandal S/o Kanailal Mandal Aged About 54 Years R/o Roy Choudhari Bagan, Ward No. 6, Thana Boraipur, District 24, Pargana (W.B.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Tamnar Raigarh, District Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Smita Jha, Advocate For Respondent/State : Dr. Sourabh Kumar Pande, Dy. G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.07.2025 1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 187/2024 registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Section 318(4), 3(5), 338, 340(2) of BNS 2023 and 66(d) of I.T. Act. 2. As per prosecution story in brief is that Complainant Gopal VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 Krishna Sharma Lodged written report on 10.07.2024 at Thana Tamnar that a massage has been received on 06.06.2024 in his mobile no. to join in the Grow app, he tried to install that app but it failed then he received again a link from same no. and download that app and stated that it is an International Account used for trading of Upper Circuit Share and IPO and earn 10% to 50% Daily. Through this App complainant from 11.06.2024 to 03.07.2024 deposited Rs. 1,12,43,913/-in the Direct Grow App Account. On 03.07.2024 when his portal had total amount of Rs. 5,94,18,711/- then he tried to withdraw that amount but it failed and it was asked to deposit 15% of total profit that is Rs. 72,01,817/- as personal income Tax. Complainant was trapped to deposit 1,12,43,913/- in different account numbers of accused persons. The aforementioned report, offence was registered against the present applicant under Sections 318(4),338,340(2) of BNS and sec 66(d) I.T.Act. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that the charges leveled against him just in order to harass him, he had no such bank accounts which can be operated as mule account. She further submits that present applicant is engaged in social activities through the NGO named Swasthya Bandhu Project and with grant-based funding, and also with self-initiated project called Health Information Treatment Service and Health Wellness Centre and Awareness Service. This organization is registered permanent Voluntary society under the West Bengal and Indian Government's Society Registration Act of 1961 bearing no. AN ISO 9001-2015, Certified 3 and has been received appreciation from both the WHO and UNDP. She also submits that present applicant is the founder and director- cum-Secretary of this social service organization, the innovative rural medical doctors Welfare Association. When he approached bank to withdraw money through cheque for paying the honorarium to our organization's volunteers and staff, there have been informed by Bank manager that transaction amounting to nearly rs.2.68 crores had taken place through organization's account and that he had been defrauded. Unauthorized funds had been hacked and transferred illegally into his account. She also submits that the present applicant is in jail since 29.12.2024 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application and submits that applicant is a resident of the State of West Bengal and there is no previous antecedent against the applicant but the present case is of the nature of online fraud, by which the complainants suffered of huge amount. Thus, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it transpires that the present case is of the nature of online fraud, by which the complainants suffered loss of huge amount and he is in jail since 29.12.2024, therefore, this Court is of the opinion that it is not a fit case to enlarge the 4 applicant on bail. 7. Accordingly, this second bail application of applicant – Dr. Gourahi Mandal involved in Crime No. 187/2024 registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Section 318(4), 3(5), 338, 340(2) of BNS 2023 and 66(d) of I.T. Act is rejected at this stage. 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 vaishali