1 2025:CGHC:37917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6043 of 2025 Vivek Balendra S/o Omkar Singh, Aged About 27 Years At- Misson Compound, Dondi, District Balod Chhattisgarh ... Applicant versus State of Chhattisgarh Through PS Kotwali, District Raipur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Non-Applicant/State : Dr. Saurabh K. Pande, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.08.2025 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 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 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 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, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant was noticed by the Cyber Range Raipur on March 26, 2025, regarding his bank accounts and mobile numbers used in Kotak Mahindra Bank. He 3 appeared before the authorities and participated in the investigation. Notices under Section 94 BNSS were served, and his memorandum statement was recorded. The applicant stated he was unaware of the deposits of Rs.8,60,272 and Rs.7,30,446 in his account. 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. He also submits that the applicant has 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 applicant is in jail since 26.03.2025, the applicant has 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 applicant. 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 applicant 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 4 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. He also submits that bail application of the other co-accused person has been rejected by this Court in MCRC No. 5560/2025 vide order dated 16.07.2025 and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 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 applicant is 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, especially 5 in light of the fact that the bail application of similarly placed co- accused has already been rejected by this Court in MCRC No. 5560/2025 vide order dated 16.07.2025. Granting bail in such a matter, where investigation is at a crucial stage and the offence affects public trust in financial systems, may hamper the ongoing proceedings. In view of the gravity of the offence, the stage of investigation, and the possibility of tampering with evidence or influencing witnesses, this Court does not find it to be a fit case for grant of bail. 7. Accordingly, the bail application of the applicant – Vivek Balendra, 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 Bharatiya Nyaya Sanhita, 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