1 2025:CGHC:38412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6090 of 2025 Kamini Gwal W/o Ramesh Singh Gwal Aged About 50 Years R/o House No. 1029/1, Street No. 07, Ward No. 44, Seema Nagar, Telibandha, Raipur District Raipur C.G. ...Applicant versus State Of Chhattisgarh Through Police Station Cyber Police, District Raipur C.G. ... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 129/2025, registered at Police Station – Cyber Police Range Raipur, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, Cyber Police of Raipur registered a cyber crime case based on a complaint received via the "Samanvay" portal, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.05 19:10:38 +0530 2 operated by the Indian Cyber Crime Coordination Centre. The complaint involved fraudulent transactions linked to 128 bank accounts in bank of Maharashtra Raipur branch [IFSC: MAHB0000439(20accounts), MAHB0000981 (26accounts), MAHB0001 441(12accounts), MAHB0001928 (3laccounts), MAHB0002335(21acco units), MAHB00002400(18accounts)). These accounts, which began operating for received illegal funds totaling amount Rs 6410855/-from 01.01.2024 to 11.01.2025 suspected to be proceeds of cyber fraud. The applicant was arrested on 26.03.2025 by Police Cyber police Raipur, District:-Raipur Chhattisgarh for the alleged offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bhartiya Nyaya Sanhita 2023. 3. The applicant is an innocent and peace-loving 50-year-old woman who has been falsely implicated in the present case and has been in judicial custody since 26.03.2025, despite having no role in the alleged offence. She is a housewife suffering from serious medical conditions, including a urinary infection requiring regular treatment every 15 days, and is currently facing severe physical and mental distress in jail due to inadequate medical facilities, as supported by medical documents annexed as Annexure A/3. The bank account in question (A/c No. 60464807009, IFSC MAHB000240), allegedly involved in the offence, was not opened by the applicant, but was fraudulently created by misusing her documents, as evident from mismatched signatures, nomination inconsistencies, and the fact that the account was designated as a salary account despite her being a housewife. Furthermore, the mobile number linked to the said bank account does 3 not belong to her, and she had no knowledge of the transactions or funds credited therein. The prosecution has failed to present any substantial material linking her directly to the alleged offence, and she has no prior criminal record, nor is she a habitual offender. Continued incarceration would result in undue hardship, irreparable harm to her reputation, and would serve no purpose, especially when custodial interrogation is not required and the trial is likely to be prolonged. The applicant is a permanent resident of the address mentioned in the cause title, poses no flight risk, and undertakes not to tamper with evidence or influence any witness. Hence, she respectfully seeks the indulgence of this Hon’ble Court to grant her regular bail. 4. On the other hand, the learned counsel for the State opposes the bail application. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material available in the case diary, which indicates that the account statement of Account No. 60464807009, held by the accused, shows that from 31.01.2024, there were 40 to 50 transactions happening almost every day. On that date alone, amounts like Rs.10,000, Rs.2,000,Rs.5,000, Rs.1,000, Rs.8,000,Rs.15,000,Rs.20,000, and Rs.50,000 were either credited or debited. Similar patterns were seen on 25.02.2024, 28.02.2024, 29.02.2024, and 01.03.2024, where money was added and then large amounts were withdrawn totaling Rs. 64,10,855/- This kind of regular and large number of transactions is not normal for a personal account and seems suspicious. It suggests that the account may have been used for illegal or fraudulent activities, therefore, this is not a fit case to grant regular bail to 4 the applicant. 7. Therefore, the bail application filed by the applicant/accused – Kamini Gwal, involved in Crime No. 129/2025, registered at Police Station – Cyber Police Range Raipur, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaibhav