1 2025:CGHC:32709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5450 of 2025 • Mohammad Rafiq S/o Sheikh Rehman Aged About 32 Years R/o Near K.G.N. Mosque, Raipur Naka, Durg, Tehsil And District - Durg, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through - Police Station - Mohan Nagar, District - Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Virendra Kashyap, Advocate For Respondent/State : Mr. Jitendra Shrivatava, Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.07.2025 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.221/2025 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Section 317(2), 317(4), 318(4), 61(2)(a) of BNS. 2. As per prosecution story in brief is that the Sub-Inspector from Mohan Nagar Police Station investigated a cyber fraud case involving a mule bank account flagged through the Samanvay VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 11:10:18 +0530 2 portal of the Ministry of Home Affairs. The account in question (Punjab National Bank, Durg) was used to fraudulently receive ₹25,000 each from two victims on 15.08.2024. The account belonged to Mohammed Rafiq (Present Applicant), who confessed to being involved in the fraud. He admitted that his partner, Sanu Khan, used his passbook and ATM card to conduct cyber fraud. In return, Mohmmad Rafiq (Present Applicant) received 5,000. Both ₹ were found to have knowingly participated in a criminal conspiracy to earn illegal money through online fraud. A case was registered under sections of the Bhartiya Nyaya Sanhita 2023 under sections 317(2), 317(4), 318(4), and 61(2) (a). 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 the charges leveled against him just in order to harass him, she 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 the investigation agency has already frozen the concerned bank accounts and collected digital evidence and he is in jail since 25.05.2025 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 charge-sheet has not been filed in the present case and there is no previous antecedent against the cyber fraud case involving a mule bank account flagged through 3 the Samanvay portal of the Ministry of Home Affairs. The account in question (Punjab National Bank, Durg) was used to fraudulently receive ₹25,000 each from two victims on 15.08.2024. The account belonged to Mohammed Rafiq (Present Applicant), who confessed to being involved in the fraud, present case is of the nature of cyber fraud. Thus, the bail application deserves to be rejected. 5. Learned State counsel assures the Court that the investigation and charge-sheet would be submitted soon before the competent Court. 6. I have heard learned counsel for the parties and perused the case diary. 7. 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 therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, this bail application of applicant – Mohmmad Rafiq, involved in Crime No.221/2025 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Section 317(2), 317(4), 318(4), 61(2)(a) of BNS. is rejected at this stage. 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 4 Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali