Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:37743
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5999 of 2025 Priya Sori D/o Late Manu Sori Aged About 20 Years R/o College Ward, Galino.- 12, Idgahbhata, Police Station- Ajad Chowk, Tehsil And District- Raipur, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through- Police Station- Cyber Police, District- Raipur, Chhattisgarh.
... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 31.07.2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 229/2025 registered at Police Station Cyber Police Range, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5) and Section 111(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the Cyber Police of Raipur registered a cyber crime case based on a complaint received via the “Samanvay” portal, operated by the Indian Cyber Crime Coordination Centre. The ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.01 14:40:06 +0530
2 complaint involved fraudulent transactions linked to 45 bank accounts in Ratnakar Bank Limited, Raipur Branch (IFSC: RATN0000389). These accounts were found to have received illegal funds suspected to be the proceeds of cyber fraud. The applicant was arrested on 27.03.2025 by Police Station–Cyber Police, District Raipur, Chhattisgarh, for the alleged offences punishable under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant has neither committed nor participated in any crime. The applicant has been in jail since 27.03.2025. She is a 20-year-old hardworking girl belonging to a poor family and was working as a salesgirl in a jeweler’s shop in Raipur. From her earnings, she supported her family. Due to her incarceration, her family is now facing serious hardships. He further submits that the bank account of Priya Sori was used by Seema Kesari, who took possession of the account kit and the net banking user ID and password from Priya Sori. All transaction-related messages were being received on Seema Kesari’s phone. Therefore, Priya Sori had no knowledge about any illegal funds or that the credited amounts were related to cybercrime. Hence, there is a strong possibility that the account was misused by Seema Kesari. The material presented in the charge-sheet suggests that the cyber fraud was committed by unidentified persons. There is no direct evidence linking the applicant to the actual act of fraud or deception. He also submits that the investigating agency has already frozen the concerned bank accounts and collected the necessary digital evidence. Therefore, custodial interrogation of the accused is not required.
The applicant had no knowledge that the funds received in the account were proceeds of cybercrime. The account was
3 opened for legitimate purposes, and any deposits made were not knowingly accepted as fraudulent. The name of the present applicant is not mentioned in the FIR, which was registered against an unknown person. The applicant has been arrested solely on the basis of suspicion, which is not permissible under the law. He further submits that the present applicant has been in jail since 27.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel, opposes the bail application of the applicant and submits that offence alleged against the applicant involves serious economic crime related to organized cyber fraud, which poses a grave threat to public trust in the financial system. He also submits that the bail application of the other co-accused, persons, namely, Kedar Nayak has already been rejected by this Court in MCRC No. 5203 of 2025 vide order dated 04.07.2025, therefore, the bail application of the present applicant is also liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the allegations against the applicant are of serious nature involving organized cybercrime and financial fraud, moreover the fact that the bail application of the other co-accused, person, namely, Kedar Nayak has already been rejected by this Court in MCRC No. 5203 of 2025 vide
order dated 04.07.2025, therefore, I am not inclined to grant regular bail to the present applicant.
7. Accordingly, the bail application of the applicant - Priya Sori, involved in Crime No. 229/2025 registered at Police Station Cyber Police Range,
4 Raipur, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5) and Section 111(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected.
8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. - Sd/-
(Ramesh Sinha)
Chief Justice Abhishek