1 2025:CGHC:27722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4856 of 2025 Shivkumar Nirmalkar S/o Mohit Nirmalkar Aged About 27 Years At Adarsh Nagar, Near Pahadi Chowk, Gudhiyari, Raipur C.G. ... applicant versus State Of Chhattisgarh Through P S Cyber Cell Headquarter, Raipur C.G. ... Non-applicant For Applicant : Mr. Vinay Nagdev, Advocate through Video conferencing For Res/State : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 25.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129 of 2025 registered at Police Station : Cyber Cell Headquarter, Raipur, wrongly mentioned in A/1 (C.G.) for the offence punishable under Sections 111(3), 317(2), 317(4), 317(5), 3(5) of the BNS. 2 2. As per the prosecution story in brief is that the concerned P/S received information from the Cyber Crime Reporting Portal regarding opening and use of mule account whereafter the said p/s registered an offence (3) u/s 111, 317(2), 317(4), 317(5), 3(5) of the BNS bearing crime no. 129/25 and in furtherance of the same, the applicant was arrested on 26.03.2025 on the ground that certain transactions took place in his account. Thereafter, memorandum of the applicant was recorded and from a perusal of the same, it is apparent that on inducement of the prime accused Jaswant Nayak, the applicant had opened the account but the transactions were being done by the said prime accused. It is also apparent that a meager amount of Rs. 5,000/- was given to the applicant by the Jaswant Nayak. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant and several other innocent persons have been misused by the prime accused on pretext of providing part time online job and on such pretext the applicant and the other unemployed poor persons have been so misused. He further submits that after investigation charge sheet has been filed and the applicant is in jail since 26.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. He would also submit that this is the case of online fraud and the present applicant has very knowingly given his account to one person namely 3 Jaswant Nayak for use as mule account, therefore, the present accused may also not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, considering the fact that an extraordinary financial transactions have been carried out by the applicant and the nature of crime and the circumstances under which it has been committed indicates organized crime and also the evidence which is collected regarding the transaction made in the account in question, proves it is a Cyber Crime, therefore, I am not inclined to grant bail to the present applicant. 7. Accordingly, the bail application of the applicant – Shivkumar Nirmalkar involved inCrime No. 129 of 2025 registered at Police Station : Cyber Cell Headquarter, Raipur, wrongly mentioned in A/1 (C.G.) for the offence punishable under Sections 111(3), 317(2), 317(4), 317(5), 3(5) of the BNS, 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.30 19:11:42 +0530