Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31719
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5304 of 2025 Bhavika Harchandani D/o Ashok Harchandani Aged About 26 Years R/o Hariom Niwas, Opposite Maruti Infront Of Maruti Dairy, Bank Of Maharashtra, Katora Talab, Police Station Civil Line, District Raipur, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through Police Station Civil Line, District Raipur, Chhattisgarh.
... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble
Shri
Ramesh Sinha, Chief Justice
Order On Board 09.07.2025
1. The applicant has preferred this First Bail Application under Section 9483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 45/2025, registered at Police Station- Civil Line, District Raipur, (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5) and 111 of Bhartiya Nyaya Sanhita,
2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
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2. The prosecution story, in brief, is that a Sub-Inspector of City Kotwali Police Station, Raipur, registered a cybercrime case based on a complaint received through the “Samanvay” portal, operated by the Indian Cyber Crime Coordination Centre. The complaint pertained to fraudulent transactions linked to 41 bank accounts in Kotak Mahindra Bank (IFSC: KKBK0006402, KKBK0006407, KKBK0006408), which were operational between January 1, 2024, and January 11, 2025. These accounts allegedly received illicit funds totaling ₹18,96,851, suspected to be proceeds of cyber fraud. In connection with the said offence, the applicant was arrested on 26.03.2025 by Police Station Civil Line, District Raipur (C.G.) for offences punishable under Sections 317(2), 317(4), 317(5), and 111 of the Bhartiya Nyaya Sanhita, 2023.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is a 26-year-old student pursuing B.Com (2nd year) and runs Sadguru Beauty Parlour to support her family. It is submitted that the applicant’s Kotak Mahindra Bank account, which is alleged to have been used in the cybercrime, was in possession of her brother-in-law Aman Nathani for the past 7 months. The prosecution itself suggests that unidentified persons committed the fraud, and there is no direct evidence connecting the applicant to the offence. It is possible the account was misused without her knowledge, possibly due to forged KYC or identity misuse. Further the investigating agency has already frozen the account and collected digital evidence; hence, custodial
3 interrogation is not required. Her continued detention is adversely affecting her education, livelihood, and family. He also submits that the charge-sheet has been filed before the competent Court, she has no previous criminal antecedents and she is in jail since 26.03.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the offence alleged against the applicant involves serious economic crime related to organized cyber fraud, which poses a grave threat to public trust in the financial system. It is contended that the applicant is allegedly linked to multiple suspicious bank accounts through which fraudulent transactions amounting to Rs.18,96,851/- were carried out. Further the accounts were systematically operated over an extended period, indicating a well-planned conspiracy. He further submits that the investigation is at a sensitive stage and the applicant’s custodial interrogation may be essential to unearth the larger network involved in this Cyber crime, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, this Court finds that the allegations against the applicant are of serious nature involving organized cybercrime and financial fraud. The investigation reveals that 41 suspicious bank accounts were
4 operated in Kotak Mahindra Bank between 01.01.2024 and 11.01.2025, through which proceeds of cyber fraud amounting to Rs.18,96,851/- were transacted.
The said accounts are alleged to have been used as mule accounts to channel illicit funds derived from online cheating and fraudulent activities. Cybercrimes of this nature not only affect individual victims but also pose a threat to the integrity of financial institutions and public trust in digital transactions. In view of the gravity of the offence, the systematic manner in which it was executed, the substantial financial loss caused, and the larger public interest involved in curbing cyber and financial crimes, further it cannot be a case of false implication, this Court is not inclined to exercise its discretion in favour of the applicant at this stage. 7. Accordingly, the bail application of the applicant – Bhavika Harchandani, involved in Crime No. 45/2025, registered at Police Station- Civil Line, District Raipur, (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5) and 111 of Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail 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 Rahul Dewangan