1 2025:CGHC:33488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5560 of 2025 1 - Ayush Jethani S/o Ashok Jethani Aged About 20 Years R/o B-3, Sector 2, Grater Avanti Vihar, Near Vijay Nagar Chowk, Thana Khamardih, Raipur Tah. And Dist.- Raipur (C.G.) 2 - Neelam Jethani D/o Ashok Jethani Aged About 26 Years R/o B-3, Sector 2, Grater Avanti Vihar, Near Vijay Nagar Chowk, Thana Khamardih, Raipur Tah. And Dist.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Thana Incharge City Kotwali, Raipur, Dist. Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudeep Johri, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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. 45/2025 registered at Police Station City AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kotwali, Raipur, Dist. Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4) and 317(5) and 111 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the Kotwali Raipur police station registered a First Information Report (FIR) No. 45/25 under Sections 317(2), 317(4), 317(5), and 111 of the Bharatiya Nyaya Sanhita (BNS) on the basis of a letter from the Superintendent of Police, Cyber Police Station, Raipur, dated 22.03.2025. The FIR was lodged pursuant to instructions from the Additional Director General of Police (Technology Services), Police Headquarters, Raipur, regarding statutory action against mule account holders. The investigation revealed that 41 bank accounts in Kotak Mahindra Bank, Raipur, with IFSC codes kkbk0006407, kkbk0006402, and kkbk0006408, were used to deposit Rs.18,96,851 obtained through cyber fraud. The account holders/promoters used these accounts to utilize the funds obtained through cyber fraud. It was found that the accounts were used to deposit the fraudulently earned amount between 01.01.2024, and 11.01.2025. The investigation revealed that the account holders/promoters knowingly used these accounts to launder money obtained through cyber fraud. The Cyber Range, Raipur, registered a case (Crime No. 45/2025) under Sections 317(2), 317(4), 317(5), and 111 of the BNS. After investigation, a charge sheet was filed. During the investigation, the accused, Ayush Jethani and Neelam Jethani, were arrested on 26.03.2025, and were produced before the court and sent to judicial custody. Hence, 3 the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the applicants were noticed by the Cyber Range Raipur on March 26, 2025, regarding their bank accounts and mobile numbers used in Kotak Mahindra Bank. They appeared before the authorities and participated in the investigation. Notices under Section 94 BNSS were served, and their memorandum statements were recorded. The applicants stated they were unaware of the deposits of Rs.8,60,272 and Rs.7,30,446 in their accounts (nos. 4949984490 and 5049034696). One applicant claimed to be a graduate, running a shop, and earning Rs.5-10 lakhs per year. He alleged that he opened the account in January 2024 and later joined a business opportunity through Instagram, following directions from a business influencer, which led to the transactions in question. He denied committing any crime. Furthermore, applicant No. 2, a 26-year-old unmarried woman and teacher at KPS School Raipur, claimed to have opened a Kotak Mahindra Bank account (no. 5049034696) on January 20, 2024, to earn extra income through online digital marketing. She received a message from someone named Deepak Kumar about a job opportunity in affiliate marketing, which offered a 5% commission. She joined, believing it was a legitimate way to earn extra income. Despite having no motive to commit a crime, she was arrested on March 26, 2025, for allegedly providing a mule account for concealing and disposing of stolen property, and was sent to jail 4 custody. He also submits that the applicants ware young entrepreneur and teacher, they have no motive of committing any crimes, however, one co-accused, namely, Mayank Dhiwar has already been released on bail by learned trial Court vide order dated 07.04.2025. The applicants are in jail since 26.03.2025, the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the involvement of applicants come into light on the basis of a letter from the Superintendent of Police, Cyber Police Station, Raipur, dated 22.03.2025, the FIR was lodged pursuant to instructions from the Additional Director General of Police (Technology Services), Police Headquarters, Raipur, regarding statutory action against mule account holders. The account holders/promoters used these accounts to utilize the funds obtained through cyber fraud. It was found that the accounts were used to deposit the fraudulently earned amount between 01.01.2024, and 11.01.2025. The investigation revealed that the account holders/promoters knowingly used these accounts to launder money obtained through cyber fraud, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 5 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it prima facie appears that the applicants are involved in a serious cybercrime offense, on the basis of a letter from the Superintendent of Police, Cyber Police Station, Raipur, dated 22.03.2025, the FIR was lodged pursuant to instructions from the Additional Director General of Police (Technology Services), Police Headquarters, Raipur, regarding statutory action against mule account holders, the investigation revealed that 41 bank accounts in Kotak Mahindra Bank, Raipur, with IFSC codes kkbk0006407, kkbk0006402, and kkbk0006408, were used to deposit Rs.18,96,851 obtained through cyber fraud, the account holders/promoters used these accounts to utilize the funds obtained through cyber fraud and it was found that the accounts were used to deposit the fraudulently earned amount between 01.01.2024, and 11.01.2025, the investigation further revealed that the account holders/promoters knowingly used these accounts to launder money obtained through cyber fraud, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 7. 7. Accordingly, the bail applications of applicants - Ayush Jethani and Neelam Jethani involved in Crime No. 45/2025 registered at Police Station City Kotwali, Raipur, Dist. Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4) and 317(5) and 111 of BNS, is rejected. 6 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil