1 2025:CGHC:49235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5365 of 2025 Raj Chandrakar S/o Late Rajendra Chandrakar Aged About 25 Years R/o Near Monu Aata Chakki, Ward No. 02, Imlibhata, Mahasamund, Tehsil And District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Mahasamund, District Mahasamund (C.G.) ... Respondent For Applicant : Shri Shubhank Tiwari, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/09/2025 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.214/2025 registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 317 (2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.26 17:14:45 +0530 2 317 (4), 318 (4), 61 (2) (α), 111, 3(5) of The Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, is that there were illegal transaction of more than one crore in 6 different bank accounts between 22.08.2023 to 20.05.2025. When it was investigated, the prosecution has discovered that account holders were Ravinder Singh Chawla (Chawla Transport, Raipur), Ram Enterprises (Adarsh Chowk, Mahasamund), Prem Enterprises which is having two bank accounts, one in Bank of Baroda & other in Canara Bank (Adarsh Chowk, Mahasamund), Shital Sahu & Navsaad Sahu. From the Memorandum Statement of Ravinder Singh Chawla, name of Deepak Tilwani & Mahesh Jaish were added. The role of the present applicant is that he has given the details of accounts of co- accused persons to one Rishab Chandrakar. Hence, the present applicant was made accused. 3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case. He would submit that the amount was neither been credited to his account nor he has induced any person to provide the details of accounts. He would submit that the applicant is not having any business with these forgery and all of a sudden from nowhere, the FIR was lodged against him. He would submit that charge sheet has been filed, the applicant is in jail since 29/05/2025 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 and he would submit that charge sheet has been filed in this case before the competent court. He would submit that in compliance of the Court’s order dated 10/09/2025, the Superintendent of Police has filed 3 his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 10/09/2025, the Superintendent of Police, Mahasamund, District Mahasamund has filed his personal affidavit which reads as under:- “ xxx xxx xxx 3. That, in compliance of the Hon'ble Court's direction, it is most humbly and respectfully submitted that, the Government of India, Ministry of Home Affairs, has created a Cyber Crime Reporting Portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them, filling in the information of mobile numbers and bank accounts used in cyber fraud. 4.That, the brief description of the case is that, the Government of India, the Ministry of Home Affairs, has established the Cyber Crime Reporting Portal to prevent cyber crime in India. The victims of cyber crime file an online report by detailing their cyber fraud and providing information about the mobile number and bank account used in the fraud. These are mule bank accounts used by cyber criminals to receive fraud money. Information was received through Cyber Crime Reporting Portal Coordination that, 5 bank account holders of Canara Bank, Mahasamund with account numbers 110130395571, 110140156650, 120028802661, 120031697271 and account holder of Bank of Baroda Branch Mahasamund and account number 87300200001449 are being used to obtain money through cyber fraud. As per the instructions received from the Police Headquarters, the details of the above incident alongwith the details were sent by the Cyber Cell District Mahasamund to the City Kotwali Police Station Mahasamund for action. Against the aforesaid bank account holders, a Crime No. 214/2025 was 4 registered under Sections 317 (2), 317 (4), 318 (4) and 61 (1) (A) of the B.N.S., 2023 and the matter was taken into investigation. During investigation, the information of the bank account holders, KYC details of their registered mobile numbers and other information have been obtained from the concerned Banks. 5. That, during the course of investigation, the arrested accused Raj Chandrakar was found to be registered and operating in the name of IDBI Branch Mahasamund under Account Number 0770104000135177 and in the said bank account, a suspicious financial transaction of Credit-Rs 57,00,584.45/- & Debit Rs. 57,00,178.00/- was found to be done in a short period of time and the account number of Bank of Baroda, Mahasamund was found to be registered and operating in the name of 873004100031995. In the bank account, a suspicious financial transaction of Credit- Rs 5,57,706.82/- & Debit Rs. 5,57,260.65/- was found to be done in a short period of time. The accused Raj Chandrakar was arrested after suspicious financial transactions were found in the accounts in a short period of time. He sold both his accounts to his brother Rishabh Chandrakar for Rs.25000 and received the amount and also helped in selling the Canara Bank and Kotak Mahindra Bank accounts of Ram Narayan Sahu and Sheetal Sahu and received a commission of Rs. 2000 for each account. 6. That, the present accused applicant has categorically stated in his memorandum statement that, he is resident of Imlibhatha, Mahasamund and works as a farmer and his mobile numbers are 7879826577 and 7400922885. The accused Rishabh Chandrakar is his cousin having mobile numbers 7000838920 and 8369633964, who is resident of Suman Colony, Arang, District Raipur and presently he resides at Simaran City, Raipur on rented house and doing trading work. Three or four years ago, he told him that, he needed separate accounts for his trading business and if you arrange for this, he will provide cash for each account. It was decided to pay Rs. 2000 as a commission and Rs. 5000 to the account holder. Following his 5 advice, he opened accounts at IDBI Bank, Mahasamund, Canara Bank, Mahasamund, Karnataka Bank, Raipur, Indusind Bank Mumbai, Bank of Baroda, Mahasamund and handed over the account book, cheque book and ATM card to his brother Rishabh Chandrakar. In turn, he gave him Rs. 25000 and being greed for money, he started encouraging his friends and acquaintances to open accounts. Sheetal Sahu 8839228619 and Ram Narayan Sahu 7723883852, 8802932613 and 7067253269, are his friends. Three years ago, Ram Narayan Sahu needed money, then he told him that, his brother Rishabh is into trading business and he needs bank account, he will give him Rs. 5000 if he gives a bank account. Then, the said Ramnarayan Sahu agreed to open the account. Thereafter, he got Ramnarayan Sahu to open an account in Canara Bank and Kotak Mahindra Bank by taking his photos, Aadhar Card, PAN card and he gave the said bank account to his brother Rishabh. In return, for which, he gave Rs. 5000 to Ram Narayan Sahu. Last year, he had opened an account for Sheetal Sahu in Canara Bank and gave the same to his brother Rishabh and he used to trade through the account given by him. He had opened accounts for many people, but he does not remember their names and address. The accused in greed for money, has used to bank accounts to earn illegal money and has received money and the above bank accounts are being used to receive money from online fraud and to earn illegal money. 7. That, the present accused applicants have been arrested by the Police of Police Station Mahasamund, District Mahasamund on 22.05.2025 in connection with Crime No. 214/2025, registered at Police Station Mahasamund, District Mahasamund (C.G.) against the present accused applicants for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (A), 111 and 3 (5) of the Bhartiya Nyay Sanhita, 2023 and after due completion of the investigation, the Challan has been filed before the concerned Judicial Magistrate, District Mahasamund against the accused applicant and other accused persons.” 6 7. From perusal of the affidavit filed by the Superintendent of Police goes to show that applicant’s Raj Chandrakar account number was found to be registered and operating in the name of IDBI Branch Mahasamund under Account Number 0770104000135177 and in the said bank account, a suspicious financial transaction of Credit-Rs 57,00,584.45/- & Debit Rs. 57,00,178.00/- was found to be done in a short period of time and the account number of Bank of Baroda, Mahasamund was found to be registered and operating in the name of 873004100031995. In the bank account, a suspicious financial transaction of Credit- Rs.5,57,706.82/- & Debit Rs. 5,57,260.65/-was found to be done in a short period of time. The accused Raj Chandrakar was arrested after suspicious financial transactions were found in the accounts in a short period of time. He sold both his accounts to his brother Rishabh Chandrakar for Rs.25000/- and received the amount and also helped in selling the Canara Bank and Kotak Mahindra Bank accounts of Ram Narayan Sahu and Sheetal Sahu and received a commission of Rs.2000/- for each account. Taking into consideration the nature of allegation levelled against the applicant, applicant sold his own bank accounts (IDBI and Bank of Baroda) to his brother Rishabh Chandrakar for Rs.25,000/- and helped his friends Ram Narayan Sahu and Sheetal Sahu open bank accounts (Canara Bank and Kotak Mahindra Bank) and sold these accounts to Rishabh Chandrakar, receiving a commission of Rs.2000/- per account 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 7 increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, the bail application of applicant Raj Chandrakar involved in Crime No.214/2025 registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (α), 111, 3(5) of The Bhartiya Nyay Sanhita, 2023, is rejected. 9. 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