1 2025:CGHC:30582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5203 of 2025 Kedar Nayak, Aged About 19 Years, S/o Dhanodhar Nayak, R/o At - Pahadi Chowk, Adarsh Nagar, Gudhiyari, Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through PS Cyber Cell Headquarter, Raipur, C.G. ... Respondent For Applicant : Shri Manoj Kumar Yadav, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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.229/25 registered at Police Station Cyber Cell Headquarter, Raipur, C.G. for the offence punishable under Sections 111, 317(2), 317(4), 317(5) of the BNS. 2. Case of the prosecution, in brief, is that the concerned p/s received information from the cybercrime reporting portal GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 11:39:47 +0530 2 regarding opening and use of mule account whereafter the said p/s registered an offence u/s 111, 317(2), 317(4), 317(5) of the BNS bearing crime no. 229/25 and in furtherance of the same, the applicant was arrested on 26.03.2025 on the ground that an account which was in the name of co-accused was opened by the present applicant and handed over to one the prime accused who misused it. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He would submit that after arrest memorandum of the applicant was recorded and from a perusal of the same it is apparent that on inducement of the prime accused, the applicant had gotten the account opened but the transactions were being done by the said prime accused. He would submit that except memorandum, there is nothing on the record to implicate the applicant and in furtherance of memorandum, no seizure has been done. It is also submitted that the applicant and several other poor innocent persons have been misused by the prime accused in exchange of meager amount to which such persons including the applicant succumbed owing to his extreme poor conditions. He would submit that the applicant is in jail since 26/03/2025 and 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 the applicant was involved in 3 retaining and selling bank account kits and a total amount of Rs.2,50,02,898/- is deposited in the account. 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, considering the fact that the applicant was involved in retaining and selling bank account kits and a total amount of Rs.2,50,02,898/- is deposited in the account and particularly considering the nature of offence, it is an organized crime, 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 Kedar Nayak involved in Crime No.229/25 registered at Police Station Cyber Cell Headquarter, Raipur, C.G. for the offence punishable under Sections 111, 317(2), 317(4), 317(5) of the BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri