1 2025:CGHC:43993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6349 of 2025 Farid Ansari S/o Abdul Jabbar Ansari Aged About 29 Years R/o Mayapur, Gulmohar Gali, P.S. Ambikapur District - Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Ambikapur District- Surguja (C.G.) ... Respondent For Applicant : Shri Shakti Raj Sinha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 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.365/2025 registered at Police Station Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 318(4), 319(2), 3(5), 111 (iii) BNS. 2. Case of the prosecution, is that on receipt of instructions from the office of Additional Superintendent of Police/Nodal Officer Cyber Cell GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.01 19:49:34 +0530 2 District Surguja CG vide letter dated 29.05.2025 regarding taking action against Layer-1 mule accounts and suspicious mobile numbers operated in various bank branches on 31.05.2025, Altaf Hussain Ansari, the account holder of UCO Bank account no. 025263211075202 from whom mobile number the linkage is 9826162164. During the investigation regarding the transaction of online betting amount from two different states Karnataka and Orissa in the said bank account, on questioning the account holder Altaf, he told that he got deceived by the applicant and got an account opened in his name in UCO Bank and gave the passbook, ATM card, SIM card related to the said account. The applicant told that he got the said passbook, ATM card, SIM card in exchange of Rs. 2000/- and sold it to co-accused Prateek Kashyap for Rs.5000/-. The memorandum of the above statements of the applicant is enclosed in the record. As the applicant was found to have knowingly sold the said bank account documents to co-accused Pratik Kashyap for use in online betting, a charge sheet was filed against applicant and co-accused Pratik Kashyap under sections 318(4) 319 (2), 3(5), 111 (iii) B.N.S. before the trial court on 29.07.2025. Hence this offence. 3. Learned counsel for the applicant submits that the present applicant is innocent and he is falsely implicated by the prosecution in the alleged crime. He would submit that the name of the applicant is not mentioned in the letter dated 29.05.2025 issued by the Additional Superintendent of Police/Nodal Officer Cyber Cell, Surguja, which initiated the investigation and in the memorandum of the co-accused Pratik Kashyap dated 01.06.2025, the name of the applicant Farid Ansari has not been mentioned. He would submit that there is no direct evidence linking the applicant with any active involvement in online betting or cyber crime and 3 no recoveries-digital or physical-have been made from his possession and it is also evident that the applicant has not used any technology or committed any act punishable under the IT Act. He would submit that charge sheet has been filed, the applicant is in jail since 20/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. He would submit that in compliance of the Court’s order dated 12/08/2025, the Investigating Officer has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 12/08/2025, the Investigating Officer Manish Singh Parihar has filed his personal affidavit which reads as under:- “2.That, the deponent respectfully hereby submit that, the name of the accused/applicant has been reflected in the FIR registered at Police Station Ambikapur, District Surguja (CG) dated 31.05.2025, wherein on 29.05.2025, the Additional Superintendent of Police / Nodal Officer, Cyber Cell, Surguja, Chhattisgarh, directed Police Station Kotwali to take legal action against mule account holders involved in cyber fraud, based on information from the Indian Cyber Crime Coordination Centre (IAC). One such mule account-UCO Bank A/c No. 25260210004067 in the name of Pratik Construction (Pratik Kashyap), Ambikapur-was linked to multiple cybercrime complaints across several states, involving fraud transactions totaling ₹12,12,000/-. Despite being served notices on 4 29.05.2025 and 30.05.2025, Pratik Kashyap failed to appear, as he was also involved in Crime No.38/2025 under the Chhattisgarh Gambling Prohibition Act, 2022 and various BNS sections. He was apprehended with the help of the cyber team, confessed to the offences, and was arrested on 01.06.2025, then sent to judicial remand. Further investigation revealed another mule account -UCO Bank A/c No. 25263211075202 in the name of Altaf Hussain Ansari -connected to online fraud complaints from Karnataka and Odisha, wherein it was found that, an amount of Rs.21,000/- (Rs. 10,000/- & Rs.11,000/- in parts) has been credited in his account. Altaf admitted opening the account under the influence of Farid Ansari, who collected passbooks, ATM cards, and SIMs from multiple people and sold them to Pratik Kashyap for ₹5,000 each, knowing they would be used for illegal betting and online cricket matches. Farid Ansari was arrested on 20.07.2025 and also sent to judicial remand. Charges under various BNS provisions. The investigation concluded with Charge Sheet No. 335/2025, filed on 28.07.2025 before the learned Chief Judicial Magistrate, Ambikapur, District Surguja (CG). Copy of the FIR registered at Police Station Ambikapur, District Surguja (CG) dated 31.05.2025, is hereby marked and annexed herewith as ANNEXURE A-1. 3. It is respectfully submitted that, the accused/applicant has also in his Memorandum Statement (Section 23(2) of the Indian Evidence Act) narrated that, he being the resident of Mayapur, Gulmohar Gali, Ambikapur, approximately one year ago met with Pratik Kashyap, resident of his locality (Mayapur, Ambikapur), who approached him and informed that he required multiple bank accounts to facilitate online betting in cricket matches and to allow others to participate in such betting. The accused/applicant further stated in his memorandum statement that, Pratik Kashyap proposed him that, if he could arrange persons willing to provide their bank account credentials, including passbook, chequebook, ATM card, and associated SIM card, he would pay ₹2,000/- to 5 the respective account holders and ₹2,000/- to him for each account arranged, for which the accused/applicant/Farid Answari asked Pratik Kashyap the number of accounts he required, to which he replied "as many as possible" and assured commission for each account. The accused/applicant/Farid Ansari negotiated with him for ₹5,000/- per account, intending to give ₹2,000/- to the account holder and retain ₹3,000/- for himself. Subsequently, the accused/applicant/Farid Ansari began contacting people known to him. Whosoever agreed, he collected from them their ATM card, Passbook, Cheque-book, and SIM Card, paid them ₹2,000/-, and handed the said details over to Pratik Kashyap, receiving ₹5,000/- from him for each account. While playing cricket at the Multipurpose School Ground, Ambikapur, the accused/applicant/Farid Ansari met with Altaf Hussain Ansari, resident of Barejpara, Ambikapur, to whom he proposed to open a bank account in his name for which he would be paid ₹2,000/-. Upon his agreement, Altaf Hussain Ansari opened a bank account in UCO Bank, Ambikapur Branch, and later, along with his friends, provided the accused/applicant/Farid Ansari the ATM card, passbook, and SIM card of the said account. The accused/applicant/Farid Ansari paid him ₹2,000/- and subsequently handed over the same to Pratik Kashyap, receiving ₹5,000/- in return. In total, the accused/applicant/Farid Ansari collected Bank- Passbooks, ATM Cards, and SIM Cards from approximately 15- 20 individuals and handed them to Pratik Kashyap, who paid him ₹5,000/- for each such account. These bank accounts were then used by Pratik Kashyap for conducting online betting in cricket matches. Copy of the Memorandum Statement (Section 23(2) of the Indian Evidence Act) given by the accused/applicant/Farid Ansari is hereby marked and annexed herewith as ANNEXURE A-2. 4. That, the deponent hereby further submit that, the said fact of involvement of the accused/applicant/Farid Ansari, has also been corroborated by the statement given by the witnesses (under 6 Section 180 of BNSS) namely; Altaf Hussain Ansari (being the Account Holder) and other two independent/memorandum witnesses [(1) Ankur Soni, S/o Lallu Prasad Soni, (2) Ankur Soni S/o Ashok Soni], who were present at the time when, Altaf Hussain Ansari gave his Bank Passbook, ATM Card, SIM Card to the accused/applicant/Farid Ansari. Copies of the said statements are hereby collectively marked and annexed herewith as ANNEXURE A-3 (colly.). Thus, from a bare perusal of the FIR dated 31.05.2025 registered at Police Station Ambikapur, District Surguja (C.G.), read together with the Memorandum Statement recorded under Section 23(2) of the Indian Evidence Act of the accused/applicant Farid Ansari, and the subsequent witness statements recorded under Section 180 of the BNSS, it is manifest that the accused/applicant Farid Ansari is a key conspirator in the entire chain of fraudulent transactions. His role, as evident from the record, was to procure mule accounts from various individuals under the pretext of commission and high returns, and thereafter supply them to the principal conspirator for use in unlawful activities and organized crime. 5. That, in view of the submissions made hereinabove, the instant affidavit may kindly be taken on record, in the interest of justice.” 7. From perusal of the affidavit filed by the Investigating Officer goes to show that the applicant collected Bank-Passbooks, ATM Cards, and SIM Cards from approximately 15-20 individuals and handed them to Pratik Kashyap, who paid him Rs.5,000/- for each such account and these bank accounts were then used by Pratik Kashyap for conducting online betting in cricket matches and the involvement of the applicant has also been corroborated by the statement given by the witnesses (under Section 180 of BNSS) namely; Altaf Hussain Ansari (being the Account Holder) and other two independent/memorandum witnesses 7 [(1) Ankur Soni, S/o Lallu Prasad Soni, (2) Ankur Soni S/o Ashok Soni], who were present at the time when, Altaf Hussain Ansari gave his Bank Passbook, ATM Card, SIM Card to the applicant. Taking into consideration the nature of allegation levelled against the applicant, it is apparent that the applicant was a key conspirator in the entire chain of fraudulent transactions and his role was to procure mule accounts from various individuals under the pretext of commission and high returns, and thereafter supply them to the principal conspirator for use in unlawful activities and organized crime and the modus operandi reflects a well-orchestrated and large-scale financial fraud committed through digital platforms, causing substantial monetary loss and public harm, thus involvement of the applicant in the alleged offence appears to be reasonable and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, the bail application of applicant Farid Ansari involved in Crime No.365/2025 registered at Police Station Ambikapur District Surguja (C.G.) for the offence punishable under Sections 318(4), 319(2), 3(5), 111 (iii) BNS, is rejected. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri