1 / 5 2025:CGHC:35646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5170 of 2025 Mihir Dewangan S/o Sheshnarayan Dewangan Aged About 22 Years R/o Old Bus Stand, Ward No 24, Dongargarh, Tahsil Dongargarh, District Rajnandgaon(C.G.) --- Applicant versus State Of Chhattisgarh Through, Police Station Dongargarh, District Rajnandgaon, (C.G.) ---Non-applicant MCRC No. 5507 of 2025 Khemendra Sahu S/o Makhanlal Sahu Aged About 28 Years R/o Lalbahadur Nagar, Tahsil Lalbahadur Nagar, Thana Dongargarh, Distt. Rajnandgaon Chhattisgarh.. ---Applicant Versus The State Of Chhattisgarh Through District Magistrate, Rajnandgaon Chhattisgarh. ... Non-applicant For Applicants : Mr. Sudhanshu Singh, Advocate & Mr. Parag Kotecha, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.24 19:05:07 +0530 2 / 5 23.07.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 113/2025, registered at Police Station : Dongargarh District – Rajnandgaon (C.G.) for the offence punishable under Section 317(2) 317(4),317(5), 111, 3(5) of the BNS 2023. 2. That, as per prosecution story and Police Station Cyber Cell Rajnandgaon Received an information from Bhartiya Cyber Apradh Samanvay Kendra Coordination Portal operated by the Ministry of Home affairs, Government of India, regarding mule accounts in the Axis Bank Branch Dongargarh IFSC Code UTIB0001399 in the Layer-1 Account Bearing mo1)917010077576761(2) 920020058379698,(3) 920020058379818 (4) 921020054042146, (5) 923010048293919 and 6) 923010067892683 and have received the money of Online Fraud in the above stated accounts to the tune of Rs 2,00,000/- and upon investigation the applicant was arrested and the transaction to the tune of Rs 11000/- on dated 14/03/2024 was found in the account of the applicant and the charge sheet has been filed before competent court. 3. The present applicants are innocent and have been falsely implicated in this matter and applicants have no role in this crime. He submits that applicants have nothing to do with the aforesaid crime and there was not intention or motive of the applicant to commit the crime. He further submits that there is delay in lodging FIR against the applicant. He further submits that a mule account is a bank account used by criminals to process illicit funds, often without the account holder’s 3 / 5 knowledge. These accounts are commonly exploited in scams and fraud schemes to ask the origin of stolen sometimes referred to as “money mule”. He further submits the applicants themselves are victims of the online fraud and they were not aware of the online fraud or the amount which were deposited in their bank accounts. Further the charge-sheet has been filed in this case and applicants have no criminal antecedents and they are in jail since 19.03.2025 and conclusion of the trial may take some time, therefore, they prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposed the bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into account the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants were not aware of any fraud and were not aware of the amounts deposited in their bank accounts which is a money mule, further in the present case the applicants themselves appears to be the victim of the online fraud and they have no criminal antecedents, further the charge-sheet has been submitted before the competent Court, and applicants are in jail since 19.03.2025, and the conclusion of the trial may take some more time, this Court is of the view that the present applicants are entitled to be released on bail in these cases. 7. 7. Let the Applicants – Mihir Dewangan and Khemendra Sahu, involved in Crime No. 113/2025, registered at Police Station : Dongargarh District – Rajnandgaon (C.G.) for the offence punishable under Section 4 / 5 317(2) 317(4),317(5), 111, 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate 5 / 5 or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav