1 2025:CGHC:27408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4798 of 2025 Nand Kumar Kewat S/o Samaru Kewat Aged About 27 Years R/o Vill.- Itwapali, P.S.- Masturi, Distt.- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Cyber Police, Range- Bilaspur Distt.- Bilaspur (C.G.) ... Respondent For Applicant : Shri Jai Prakash Shukla, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/06/2025 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.08/2025 registered at Police Station Cyber Police, Range-Bilaspur, Dist.-Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4), 323 BNS 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.26 20:38:32 +0530 2 2. Case of the prosecution, in brief, is that based on the complaint of sub- Inspector Ajay Ware, during course of enquiry of information provided by bank and police headquarter with co-ordination portal regulated by Indian government, it is found that account holder and user of bank account of Uco Bank, ICICI bank, Kotak Mahindra Bank, SBI, Bandhan Bank, Bank of Badoda, Indian Bank and many more banks have used the amount got deposited/transferred in their account by act of criminal conspiracy, criminal intimidation and by other fraudulent and offending means and method committed by them against victim. These mule accounts have been used by accused by causing wrongful loss to the Bonafide victim for getting wrongful gain. It is further alleged that the application has willfully hired his account to the other accused persons for transferring and depositing the amount collected through illegal means and method, thus crime no 08/2025 registered against the accused persons and after investigation, charge sheet has been submitted before learned CJM, Bilaspur. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant has been arrested and implicated in this case only on the basis of his memorandum statement except this there is no any iota of evidence against him. He would further submit that neither any material seizure has been made on the basis of memorandum statement which in any way prima facie made applicant liable for the alleged offence, nor any other evidence is there against the applicant. He would further submit that even otherwise entire case of prosecution is taken only allegation against present applicant, he has received Rs 1,0000/- as commission and that not in his account. He would submit that there is 3 no discussion about his account and transfer of any amount in his said account. Neither any documents pertaining to alleged account is seized which shows no case is made out against present applicant. He would submit that charge sheet has been filed, the applicant is in jail since 25/02/2025, 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 further submit that bail application of co-accused person namely Yuvraj Singh Kashyap has been rejected by this Court in MCRC No.4667/2025 on 23/06/2025. 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 of allegation levelled against the applicant that he was involved in commission of online fraud and also considering the fact that bail application of co-accused person namely Yuvraj Singh Kashyap has been rejected by this Court in MCRC No.4667/2025 on 23/06/2025, 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 Nand Kumar Kewat involved in Crime No.08/2025 registered at Police Station Cyber Police, Range-Bilaspur, Dist.-Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4), 323 BNS 2023, is rejected. 4 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