Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36100
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5826 of 2025 Pratik Jain S/o Rakesh Jain Aged About 23 Years R/o Station Para, Ward No. 04, Gobra Navapara, District Raipur, Chhattisgarh
... Applicant versus State of Chhattisgarh Through The Police Station- Gudhiyari, District Raipur (C.G.)
.. Non-applicant For Applicant : Mr. Siddharth Pandey, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025
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. 17/2025 registered at Police Station Gudhiyari, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 318(4), 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, Umakant Verma, lodged a report alleging that unknown persons, through fraudulent means, transferred an amount of Rs. 50,00,000/- (Fifty Lakhs) into ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.25 20:51:05 +0530
2 various bank accounts on different dates between 17.03.2024 and 27.09.2024 via online transactions. Thereafter, the investigation revealed that the fraudulent amounts were deposited into accounts operated by students of Kalinga University. It is further alleged that the present applicant, namely Prateek Jain, in collusion with other co- accused persons, was involved in a cyber fraud racket wherein fake online transactions were executed to siphon off large amounts of money. The present applicant is further alleged to have provided the bank account details of Gopal Agrawal and to have introduced his acquaintance, Vineet Rathore, whose accounts were allegedly used for fraudulent transactions. It is alleged that an amount of ₹2,00,000/- was transacted through accounts linked to the applicant and that he was involved in online fraud. On the basis of the aforesaid, an FIR was registered for offences punishable under Sections 318(4), 111, and 3(5) of the BNS. The police initiated action, and after completion of the investigation, filed the charge sheet on 12.04.2025 against nine (9) accused persons, namely, Muhammad Bashir Sulaiman, Abdulaziz Bena Rabiu, Aminu Garba, Sandeep Sahu, Amit Dewangan, Chandrashekar Sahu, Pankaj Kumar Mahant, Gopal Agrawal, and Prateek Jain (the present applicant). 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case.
He submits that the applicant is himself a victim of the crime, having been made a scapegoat by the fraudsters, who, by hatching a conspiracy, enriched themselves illegally. He further submits that the applicant was working as an Assistant Manager in Global Security Limited, Crystal Arcade, Khamhardih, Raipur. He is a reputed person, and there is every
3 possibility that his reputation would be tarnished due to his imprisonment. The applicant is the sole earning member of his family, and his continued detention would cause undue hardship and financial distress to his dependents. The applicant’s prolonged detention would detrimentally affect his mental and psychological health. Further, his family would suffer due to his long incarceration. He also submits that the present applicant has no criminal antecedent and he is in jail since 04.04.2025, 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 the present applicant, namely Prateek Jain, in collusion with other co-accused persons, was involved in a cyber fraud racket wherein fake online transactions were executed to siphon off large amounts of money. The present applicant is further alleged to have provided the bank account details of Gopal Agrawal and to have introduced his acquaintance, Vineet Rathore, whose accounts were allegedly used for fraudulent transactions. It is alleged that an amount of Rs. 2,00,000/- was transacted through accounts linked to the applicant and that he was involved in online fraud. He further submits that one of the co-accused, namely Gopal Agrawal's bail application, has already been rejected by this Court in MCRC No. 3524 of 2025 vide order dated 07.05.2025, and 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
4 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, Gopal Agrawal has already been rejected by this Court in MCRC No. 3524 of 2025 vide order dated 07.05.2025, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Pratik Jain, involved in Crime No. 17/2025 registered at Police Station Gudhiyari, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 318(4), 111 and 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