Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 31433 (CHH)

NIKHIL KUMAR KARSH v. STATE OF CHHATTISGARH

MCRC/5043/2025 · 2025-07-30

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:37714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5043 of 2025 • Nikhil Kumar Karsh S/o Dev Narayan Karsh Aged About 26 Years R/o Village Charoda, P.S. Malkharuda, District Sakti (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Sakti, District Sakti (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Mayank Mulchandani, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/07/2025 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.182/2025 registered at Police Station Sakti, District - Sakti (C.G.), for the offence punishable under Section 420 of IPC. 2. As per the prosecution story, on receipt of letter no. PU/Sakti/Cyber Cell/79/2025 dated 29 may from the office of Superintendent of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.04 10:58:51 +0530 2 Police, Sakti and letter No. PU/Sakti/Cyber Cell/02/166/2025 dated 31/05/2025 from the Cyber Cell Sakti instruction were received to take necessary action based on information shared by the Coordination Portal operated under the Ministry of Home Affairs Government of India, Upon examination of the list of mule accounts received from the concerned bank via the Coordination Portal, it has been observed that, a total amount of Rs.5,43,62,525/- was transacted through account no-483302100003507 of Punjab national Bank Branch Sakti from 11/01/2024 to 29/02/2024, out of the said total amount 1,31,000 has been frozen/withheld by various states police authorities on the ground of being identified as cyber fraud amount. An online complain has been registered from various states regarding the fraudulent activities involving the aforementioned bank account and it has been found that the account holder of the above account used his bank account to receive the amount of online fraud and earned illegal profit. Since the above account holder was found to have earned illegal money by committing cyber fraud, a case has been registered against the present applicant who is the account holder of the mule account no- 4833002100003507, for the offence U/S 420 of IPC and investigation has been carried out. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and present applicant was working as a driver in Athena Power Plant village – Singhitarai police Station – Dhabra District- Sakti and neither he committed nor participated in the above said crime. 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 3 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 applicant is a young boy, who is aged about 26 years. He also submits that the applicant is in jail since 01.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the present applicant was involved in the said offence, present case is of the nature of cyber fraud, by which the complainant suffered of huge amount and there is 66 complaint and 5 criminal case has been registered against the applicant’s account No. i.e. 4833002100003507. As such, he is not entitled for grant of bail. 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 cyber fraud and applicant was involved in the said crime and there is 66 complaint and 5 criminal case has been registered against the applicant’s account No. i.e. 4833002100003507, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this bail application of applicant – Nikhil Kumar Karsh, involved in Crime No.182/2025 registered at Police Station Sakti, 4 District - Sakti (C.G.), for the offence punishable under Section 420 of IPC, 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