1 2025:CGHC:37233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5880 of 2025 Gumendra Verma S/o Arun Kumar Verma, Aged About 29 Years R/o Village Thakurtola, Tahsil And Police Station Dongargarh, District - Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Dongargarh, District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Sharma, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.07.2025 1. The applicant has preferred this First Bail Application under Section 9483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 112/2025, registered at Police Station- Dongargarh, District- Rajnandgaon, (C.G.) for the offence punishable under Sections 411, 413, 414 of Indian Penal Code, 1860. 2. The prosecution story, in brief, is that on 18.03.2025, the ASI of Police Station Dongargarh received information from the Cyber Cell, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Rajnandgaon, based on inputs from the Ministry of Home Affairs, Government of India, through the Coordinator Portal regarding mule account holders. The information pertained to bank account No. 5260101004072 of Canara Bank, Dongargarh Branch. On this basis, an offence was registered against the unknown account holder. During further inquiry, it was revealed that, in the said account, an amount of Rs. 710/- was deposited on 15.05.2024 (as per FIR), allegedly connected to cyber fraud, and another amount of Rs. 70,000/- was deposited on 03.06.2024, reportedly received from “Daman Game.” Subsequently, the memorandum statement of the applicant was recorded, and pursuant thereto, his ATM card, passbook, SIM card, and Aadhaar card were seized. Thereafter, the applicant was arrested, and a final report was submitted by the police for the offences punishable under Sections 411, 413, and 414 of the IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the present applicant runs a small photocopy shop and an online service centre at Lal Bahadur Nagar for banking and ATM services, and also holds a banking correspondence agent ID. There is no direct complaint or statement from any victim alleging cyber fraud against him; the case rests solely on information received from the Cyber Portal, and prima facie, no offence under Section 413 BNS is made out. It is further submitted that, as per the FIR, the alleged transaction is dated 15.05.2024, whereas the statement under Section 161 of the SI, Cyber Cell, 3 mentions 10.05.2025, showing contradictions in the prosecution version. Even assuming the prosecution story, the memorandum indicates that the applicant himself is a victim of cyber fraud. He also submits that the charge-sheet has been filed before the competent Court, he has no previous criminal antecedents and he is in jail since 02.06.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the allegations against the applicant are serious in nature, involving use of a mule bank account in large-scale cyber fraud. It is contended that the applicant’s bank account was directly traced through the Ministry of Home Affairs’ coordinator portal; deposits linked to fraudulent transactions, including Rs. 70,000/- from “Daman Game,” have been identified; and incriminating materials such as ATM card, passbook, SIM card, and Aadhaar card have been seized pursuant to his memorandum. It is further argued that the offences under Sections 411, 413, and 414 IPC involve organized criminal activity, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case that the present case arises out of a cyber-fraud investigation wherein the applicant’s bank account No. 5260101004072 of Canara Bank, 4 Dongargarh Branch, was specifically flagged by the Ministry of Home Affairs through the Coordinator Portal; that deposits of Rs. 710/- and Rs. 70,000/-, alleged to be proceeds of fraud including transactions from “Daman Game,” were traced to this account; that pursuant to the memorandum statement of the applicant, incriminating articles such as ATM card, passbook, SIM card, and Aadhaar card have been seized; further the offences alleged under Sections 411, 413, and 414 IPC indicate dealing in stolen or fraudulently obtained property and form part of an organized cyber- crime network; and further, that release of the applicant at this stage may adversely affect the ongoing investigation and facilitate tampering with evidence, this Court is not inclined to exercise its discretion in favour of the applicant at this stage. 7. Accordingly, the bail application of the applicant – Gumendra Verma, involved in Crime No. 112/2025, registered at Police Station- Dongargarh, District- Rajnandgaon, (C.G.) for the offence punishable under Sections 411, 413, 414 of Indian Penal Code, 1860, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail 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 Rahul Dewangan