1 2025:CGHC:32077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5383 of 2025 Akeel Khan S/o Rashid Khan Aged About 25 Years R/o Near Mahamaya Mandir, Talapara, Police Station - Civil Line, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Cyber Cell, District - Bilaspur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.08/2025, registered at Police Station – Cyber Cell, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4), 323 of BNS. 2 The case of the prosecution, in brief, is that the Police Headquarter sent a letter to Cyber Range Bilaspur, directed to investigate the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 accounts which are related to the account holders of various banks, some of the account holders have been cheated by the accused persons and allured them to get huge money. They have allured them through online game, share trading, online jobs and collected Rs. 97,83,492/- in 82 various accounts. Thereafter, the Police Station Cyber Cell, Bilaspur registered the offence bearing Crime No. 08/2025 under Section 61, 317(5), 318(4), 323 of Bharatiya Nyaya Sanhita, 2023 and investigation course initiated. During the course of investigation, the police recorded as many as 25 memorandum statements and on the basis of some memorandum statements, some articles like mobile phones were seized from some of the accused persons. The present applicant and other co- accused persons were arrested, articles were seized, statement of the prosecution witnesses were recorded and after completion of entire investigation, charge-sheet has been filed before the learned Chief Judicial Magistrate, Bilaspur, District - Bilaspur (C.G.). 3 Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that there is nothing against the present applicant except memorandum statement of the co-accused which is not admissible against the present applicant and moreover, on the basis of memorandum statement of the present applicant, nothing has been seized and memorandum statement is not admissible in the eyes of law. The police failed to collect materials against the present applicant to show his involvement in crime in question. He further submits that the police recorded memorandum statement of the 3 present applicant but no any article was seized from exclusive possession of the present applicant as no evidence regarding his involvement in crime in question is collected by the police. He further submits that some other accused persons moved their bail application before this Court and some of them bail applications were rejected by This Court in MCRC No. 4094, 4133, 4141, 4200, 4206, 4332, 4334, 4336, 4621, 4798 of 2025 vide order dated 27.07.2025, 29.07.2025, 12.06.2025, 18.06.2025 and 24.06.2025, but the role of the present applicant is different from the other co- accused persons as the other co-accused persons are either playing online betting or making involvement of other persons for betting but there were no such allegation in the entire charge-sheet against the present applicant. 4 Learned counsel for the applicant further submit that the memorandum statement of the present applicant was recorded in crime in questions as per which he helped the accused persons to get account of one Karan Sindhi but neither the account was seized nor any other thing was seized from the present applicant which shows that the present applicant has been falsely implicated in crime in question. He also submits that some of the other co- accused persons have been granted bail by this Court on the ground of nature and gravity of allegation and the fact that the applicant's documents have been fraudulently used by prosecution, he has no knowledge about the case and he has not gained single pie from anyone and detention period of the accused in MCRC No. 2118, 3774, 3966, 4071, 4103, 4137, 4148, 4182, 4039 of 2025 4 vide orders dated 08.05.2025, 13.05.2025, 20.05.2025, 27.05.2025, 29.05.2025 and 20.06.2025, therefore, the present applicant is also entitled to be enlarged on bail on the ground of parity and the present applicant is in jail since 11.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5 On the other hand, the learned State counsel opposes the prayer for grant of bail and submits that in this case there are total 25 accused persons involved in the present case, out of which 09 co- accused persons have been granted bail by this Court and the bail applications of 10 co-accused persons have been rejected by this Court. Further, allegation against the present applicant is that he in connivance with other co-accused persons have allured the complainants to get huge money. They have allured them through online game, share trading, online jobs and obtained Rs. 97,83, 492/- in 82 various accounts. Accordingly, the present applicant is not entitled for grant of bail. 6 I have heard learned counsel for the parties and perused the documents available on record. 7 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in the present case, total 25 accused persons are involved, out of which 09 co-accused have been granted bail by this Court, whereas the bail applications of 10 co-accused have already been rejected by this Court and further, allegation against the 5 present applicant is serious in nature, as he, in active connivance with other co-accused persons, allegedly lured innocent complainants by offering deceptive opportunities such as online gaming, share trading, and online job schemes, through these fraudulent means, a total amount of Rs. 97,83,492/- was illegally obtained and siphoned off into as many as 82 different bank accounts and the modus operandi reflects a well-orchestrated and large-scale financial fraud committed through digital platforms, causing substantial monetary loss and public harm, thus involvement of the applicant in the alleged offence appears to be reasonable and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find a fit case to released the applicant. 8 Accordingly, the bail application of the applicant – Akeel Khan, involved in Crime No.08/2025, registered at Police Station – Cyber Cell, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4), 323 of BNS., is rejected. 9 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10 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 Kunal