Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 39170 (CHH)

Rajesh Tandi v. STATE OF CHHATTISGARH

MCRC/6274/2025 · 2025-08-07

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:39857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6274 of 2025 Rajesh Tandi S/o Raju Tandi Aged About 38 Years R/o Mount Kargil Gali, Ward No.29, Jagannath Nagar Pandri Raipur, District- Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through, Police Station Civil Lines, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Aditya Dhar Diwan, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.08.2025 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. 129/2025 registered at Police Station Civil Lines, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. Prosecution story in brief, is that on 27.10.2023 and 04.07.2024, letters were received from the Additional Superintendent of Police, Police Headquarters, Raipur, for initiating proceedings against the mule account holders. Thereafter, on 23.03.2025, the same was forwarded to the Samanvay Portal of the Home Ministry, Government of India, which is ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.12 10:58:50 +0530 2 operated for reporting cyber-crimes in India, for the purpose of enquiring about the mule accounts used in the cyber-crime. Upon enquiry, it was found that 128 bank accounts of the Bank of Maharashtra, Branch Raipur, were involved in the said cyber-crime, and an amount of Rs. 64,10,855/- was deposited into these 128 accounts. Between 01.01.2024 and 11.01.2024, the said amount of Rs. 64,10,855/- was fraudulently deposited into the aforesaid accounts with mala fide intent and purpose. Upon such complaint and investigation, the police registered FIR No. 129/2025 on 23.03.2025 against the present applicant and co-accused for the offences punishable under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the BNS, 2023. Annexure A/2 is the copy of the FIR. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant was arrested by the police of Police Station Civil Lines, Raipur, on 03.07.2025. After 3- 4 days, the applicant developed painful boils filled with pus (gangrene) on his testicles, which spread to other parts of his body, severely impairing his ability to perform daily activities and even walk. Due to the applicant's deteriorating condition, he was taken to District Hospital, Raipur, on 11.07.2025, for examination and subsequently referred to Mekahara Hospital, Raipur. The applicant remains admitted to Mekahara Hospital, Raipur, and has not fully recovered from the surgery. Further, he is scheduled for another plastic surgery in 4-5 days at the same hospital. He also submits that the mobile number linked to account No. 60512552589 is 8602681788, which is not associated with the applicant in any manner. The applicant's mobile numbers are 9131383687 and 8249170562, neither of which is registered with the aforementioned account. The applicant has never operated the said bank account, nor 3 was he aware of it, and no transactions have been made by him. The passbook for the account is also not in his possession. He also submits that the present applicant has been in jail since 03.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the applicant and submits that the offence alleged against the applicant involves a serious economic crime related to organized cyber fraud, which poses a grave threat to public trust in the financial system. He submits that though the applicant is suffering from gangrene, his treatment is underway at Mekahara Hospital, Raipur, where he is receiving proper treatment. He also submits that the bail application of the other co-accused, persons, namely, Sahil Jethwani, Anju Kumari and Pradeep Jamulkar have already been rejected by this Court in MCRC No. 4906 of 2025, 5248 of 2025 and 5743 of 2025 vide orders dated 26.06.2025, 08.07.2025 and 23.07.2025 respectively, 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 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, persons, namely, Sahil Jethwani, Anju Kumari and Pradeep Jamulkar have already been rejected by this Court in MCRC No. 4906 of 2025, 5248 of 2025 and 5743 of 2025 vide orders dated 26.06.2025, 08.07.2025 and 23.07.2025 respectively, therefore, I am not inclined to grant regular bail to the present applicant. 4 7. Accordingly, the bail application of the applicant - Rajesh Tandi, involved in Crime No. 129/2025 registered at Police Station Civil Lines, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 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