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2025 DAILYLAW 29262 (CHH)

TANISHQ SINGH BHATIA v. STATE OF CHHATTISGARH

MCRC/5164/2025 · 2025-07-02

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Judgment text

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1 2025:CGHC:30187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5164 of 2025 Tanishq Singh Bhatia S/o Baljit Singh Bhatia Aged About 21 Years R/o Sakin Budhwari Bazar, Dongarhgarh, Rajnandgaon Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Civil Lines, Raipur Chhattisgarh. ... Respondent (Cause title is taken from Case Information) For Applicant : Mr. Kishore Bhaduri, Senior Advocate Mr. Harsh Dave, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.07.2025 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. 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 BNS. 2. The case of the prosecution, is that on 20.01.2025, a Sub- Inspector for Police Station concerned registered a cybercrime case VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 based on a complaint received via the "Samanvay" portal, operated by the Indian Cyber Crime Coordination Centre, the complaint involved fraudulent transaction linked to 104 bank accounts in Utkarsh Small Finance Bank (IFSC: UTKS0001400), Raipur branch, these accounts, which began uperating from January 1 to December 31, 2024, received illegal funds totalling Rs. 36,48,448/- suspected to be proceeded of cyber fraud, thereafter, the Police arrested the applicant. 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 applicant arraignment in the present proceedings is wholly misconceived, inasmuch as his personal particulars were unlawful misappropriated and utilized to illicitly open the impugned account. He further submits that he had no such bank accounts which can be operated as mule account nor his identity proof has been used with his consent to open any account in any of the bank branches to earn any kind of profit. He also submits that the present applicant is in jail since 23.01.2025 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 all the three applicants have been found to be involved in the commission of the crime in question and moreover, the bail applications filed by the co-accused namely Aayush Masrake in MCRC/3928/2025 and Shubham Singh Thakur and Umesh Thadhas in MCRC/2096/20256 have been 3 rejected by this Court vide orders dated 20/05/2025 and 21/04/2025, respectively, therefore, the instant bail application filed by the present applicants is liable to be rejected on the ground of parity.. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence and the material available on record, it is evident that the present applicant was actively involved in the commission of cyber fraud amounting to the tune of Rs. 36,48,448/- and it pertains that it is an organized crime and though the applicant herein do not have any previous criminal antecedents and he has been detained since 20/01/2025, but considering the fact that the bail applications filed by the co- accused namely Aayush Masrake in MCRC/3928/2025 and Shubham Singh Thakur and Umesh Thadhas in MCRC/2096/20256 have been rejected by this Court vide orders dated 23/01/2025, this Court is of the view that it is not a fit case to release the applicant on bail. 7. 7. Accordingly, this bail application of applicant –Tanishq Singh Bhatia involved in 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 BNS is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 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