1 2025:CGHC:46363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6240 of 2025 P Jai Kumar S/o P Joga Rao, Aged About 28 Years R/o Vrinda Nagar, Camp 01, Bhilai Police Station Vaishali Nagar, Tehsil And District- Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- The SHO, Police Station- Vaishali Nagar, Bhilai, Durg, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09 .202 5 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 86/2025 registered at Police Station – Vaishali Nagar, Bhilai, District – Durg (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that one V. Mohan, who is the friend of the present applicant, had opened an account in Canara Bank, Vaishali Nagar branch, bearing account No. 110125175655, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.11 17:49:03 +0530 2 upon the present applicant telling him that he would get Rs. 5000/- (Rupees Five Thousand Only), from one Kunal Soni and one Kunal Pattnaik, if he allowed them to operate his account. After the opening of the account, V. Mohan gave the kit obtained from the bank to the present applicant, who gave it in turn to the main accused persons Kunal Soni and Kunal Pattnaik, and got Rs. 5000/-(Rupees Five Thousand Only), in return. The present applicant neither had his account mentioned in the F.I.R., nor was he operating the account. The memorandum statement of V. Mohan mentions that he introduced him to the main accused persons, except that there is no role attributed to the present applicant, and moreover, no discovery was made on the basis of the said memorandum statement, hence it is inadmissible as such. An F.I.R. was registered by the branch manager of Canara Bank on 19.04.2025, stating that he had come to know that 111 accounts from his branch had received money from fraudulent transactions and also no debit memo was attached to them, and a chargesheet was filed on 18.07.2025. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that only on the basis of the memorandum statement of one V. Mohan whose account found to be mentioned in the FIR that the applicant has been roped in, stating that it was he who introduced V. Mohan to the main accused persons. However, there is no discovery made in pursuance of that memorandum statement which makes it inadmissible. The applicant is in jail since 02.06.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 3 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that the applicant is involved in a serious cyber crime offence, in the present case total 13 accused person are involved and a total transaction of Rs. 1,12,58,419.70/- has taken place from the account of the applicant, the investigation revealed that the bank account of the accused/applicant demonstrate suspicious transaction activity, suggestive of his involvement in the organized cyber crime, and the bail application of the co-accused has been rejected by this Court vide order dated 11.08.2025 passed in MCRC Nos. 6335/2025. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 07.08.2025, the Branch Manager of the Canara Bank, Vaishali Nagar Branch, District – Durg (C.G.), has filed his personal affidavit stating about the mechanism in which the crime was committed and showing the evidence found against the applicant, which is quoted as under: “ 2. That, the subject case came up for hearing before the Hon'ble Court on 07.08.2025 and after hearing of this matter, the Hon'ble Court has been pleased to direct the concerned Bank Manager to file his personal affidavit in the matter stating about the mechanism in which, the crime was committed and showing the evidence found against the applicant. Therefore, in compliance whereof, the instant affidavit is being filed before this Hon'ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon'ble Court's order 4 dated 07.08.2025, it is most humbly and respectfully submitted that, earlier, the FIR was lodged by the then Bank Manager, Canara Bank, Vaishali Nagar Branch, Bhilai and after his transfer, the Deponent is filing the present affidavit, in compliance of the Hon'ble Court's direction. 4. That, after filing charge sheet under Section 173 (8)/193 (9), the concerned SHO, PS Vaishali Nagar, Bhilai, District Durg has issued a letter to the Deponent whereby seeking information regarding the detailed bank account of the present accused applicant vide letter dated 10.08.2025. Copy of the letter dated 10.08.2025, is being annexed herewith as ANNEXURE R/1. In compliance whereof, the Deponent has provided the statement of the bank account of the present accused applicant, wherein, it was found that, the present applicant P. Jai Kumar has opened a Current Account No. 120002493075 in the name of "Jai Computers and Data Centre" on 16.12.2022 in the Canara Bank, Vaishali Nagar Branch, Bhilai, District Durg (C.G.) by providing all the relevant documents such as Aadhar Card, PAN Card, Gumasta Licence etc. 5. That, after opening the aforesaid account, the present accused applicant has made transaction of Rs. 1,40,04,161.08/- Crores (total Credit) and Rs. 1,39,92,420.38/- (total Debit) within a short span of time of 4 months. So far as the bank statement of the accused applicant is concerned, everyday more than 32-35 transactions have been made by the accused applicant in his bank account. Copy of the relevant pages of the statement of the current account of the present accused applicant, is being annexed herewith as ANNEXURE R/2 for kind perusal of this Hon'ble Court. 6. That, after considering all the aspects of the matter 5 and due to amount transacted in the aforesaid current account of the present accused applicant is organized crime in nature, the Bank has declared mule account of the said current account of the accused application on 12.04.2023. 7. That, the Standard Operating Procedure of the Canara Bank regarding Money Mule Accounts regarding certain modifications in guidelines is very specific in this regard wherein, it has categorically been mentioned that, Mule Account monitoring section will place memo in the suspected mule accounts based on available alert scenarios through various sources. Once a memo is placed by Mule Account monitoring section in the account, all the debit transactions through digital channels will be blocked immediately. The Branch has to conduct immediate Enhanced Due Diligence in the suspected mule account. After completion of EDD process, if the branch arrives at the conclusion that, the transactions in the accounts as suspicious, they have to Debit freeze the account immediately and lodge complaint/FIR to local Police Authority with the help of their respective RO's/CO's. Copy of the SOP/guidelines of the Canara Bank, is being annexed herewith as ANNEXURE R/3 for kind perusal of this Hon'ble Court. 8. That, the contents of the attached Affidavit at Paragraphs No. 01 to 07, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 7. Taking into consideration the facts and circumstances of the case, and the statements of the Bank Manager mentioned in his affidavit, and from the perusal of the case-diary it transpires that the applicant is involved in a serious cyber crime offence, in the present case total 13 accused person are involved and a total transaction of Rs. 1,12,58,419.70/- has taken place from the account of the applicant, 6 the investigation revealed that the bank account of the accused/applicant demonstrate suspicious transaction activity, suggestive of his involvement in the organized cyber crime, and the bail application of the co-accused has been rejected by this Court vide order dated 11.08.2025 passed in MCRC Nos. 6335/2025, looking to the gravity and seriousness of the matter as it appears to be an organized cyber crime, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this first bail application of applicant – P Jai Kumar involved in Crime No. 86/2025 registered at Police Station – Vaishali Nagar, Bhilai, District – Durg (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) of the BNS, is rejected at this stage. 9. Needless to say that the concerned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 10. 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 Preeti