1 2025:CGHC:47795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6376 of 2025 Avinash Nishad S/o Chhedilal Nishad, Aged About 23 Years (Age Of Applicant Is Not Mentioned In Order Sheet) R/o Puran Dal Mill Gali, Ramsagar Para, Police Station - Azad Chowk, District Raipur (C.G.) --- Applicant versus State Of Chhattisgarh Through Station House Officer Police Station - Tikrapara, District - Raipur (C.G.) --- Non-Applicant MCRC No. 6895 of 2025 Jitendra Bagh S/o Rasiko Bagh Aged About 31 Years R/o House No. 10, Block- 34, BSUP Colony, Telibandha, Tehsil and District- Raipur, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Tikrapara, District- Raipur, Chhattisgarh. --- Non-Applicant MCRC No. 6576 of 2025 Vikas Madhwani S/o Kevalram Madhwani Aged About 42 Years At - Near Mela Kirana Stores, Shivanand Nagar, P/S- Khamtarai, Raipur, C.G. --- Applicant Versus State of Chhattisgarh Through P S Tikrapara (Wrongly Mentioned In A/1), Raipur, C.G. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.18 18:53:56 +0530 2 --- Non-Applicant For Applicant (in MCRC No.6376/2025) : Mr. C.R. Sahu, Advocate. For Applicant (in MCRC No.6576/2025) : Mr. Vinay Nagdev, Advocate (through video-conferencing) For Applicant (in MCRC No.6895/2025) : Mr. Siddharth Shukla, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.09.2025 1. Since the above-mentioned three bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 229/2025 registered at Police Station- Tikrapara, District- Raipur, Chhattisgarh, for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 6376/2025 and 6576/2025) and offence punishable under Section 111 and 317(2)(4)(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 6895/2025). 3. In MCRC No. 6376/2025 - According to the prosecution, a bank account (Account No. 309023925119) at Ratnakar Bank Limited, Raipur Branch (IFSC: RATN0000389), was found to be in the name of the applicant, with Mobile No. 9244770329 registered to it. A total sum of Rs.4,48,51,386 was deposited in this account. 3 On 10/02/2024, a bank transaction of Rs.5,780/- (Acknowledgment No. 23102240015743) was carried out in the name of Ayasha and two others, which led to a cyber fraud complaint being filed. It was further revealed that a total of 45 mutual accounts were found associated with the same IFSC code, indicating suspicious activity. Based on this information, the police conducted an investigation, following which the applicant was arrested. 4. In MCRC No. 6576/2025 - According to the prosecution, the applicant was arrested on 27.03.2025 on the allegation that a bank account in the applicant’s name was under the control of the prime accused and was misused. A memorandum statement of the applicant was recorded, which reveals that the account was opened by the applicant at the inducement of the prime accused and was later handed over to him, with all transactions being conducted by the prime accused. Notably, apart from this memorandum, there is no material on record linking the applicant to the alleged offence. Furthermore, no seizure was made pursuant to the memorandum. In light of Section 23(2) of the BSA, the memorandum is inadmissible in evidence, and the applicant remains in custody solely on the basis of an unsubstantiated theory put forth by the police, unsupported by cogent or reliable evidence. 5. In MCRC No. 6895/2025 - As per the prosecution, the applicant opened Account No. 309023478204 with Ratnakar Bank Limited 4 (RBL) in his own name and provided Mobile No. 8269892430 for receiving OTPs and messages. It is further alleged that a banking kit was obtained for online banking purposes. The entire process of opening the account was facilitated by one Deepak Mahanand, who informed the applicant that the account would be used to earn money online, and the applicant would receive Rs.5,000 for opening it. The prosecution claims that the said account, along with others, was used for cyber fraud activities. A Final Report dated 18.06.2025 has since been filed in the matter. It is further stated that out of 54 fraudulent bank accounts opened in RBL, a total of Rs.21,97,673 was received before the accounts were frozen. 6. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in these cases. The applicant in MCRC No.6376/2025 is studying in College Raipur who have prepared the Exam of B.Com and will be appeared coming next year but suddenly the applicant has been implicated in a false case. The Police has not seized any said material in respect of transaction of such incident that whom person was involved in the above crime and present applicant has not committed any fraud and only on the basis of memorandum statement the applicant has been arrested by the Police. In MCRC No.6576/2025 – As per the applicant’s memorandum, it is apparent that the applicant himself was induced by the prime accused Amit Jumnani and thus the applicant himself is a victim 5 of crime. Applicant in MCRC No.6895/2025 – Applicant is the victim of fraud and cheated by Deepak Mahanand whereby his identity proffs sand bank accounts were used for cyber fraud. The applicants have no criminal antecedents. The applicants are languishing in jail since 26.03.2025, 27.03.2025, 28.03.2025, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence, they pray for grant of bail to the present applicants. 7. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. Further, from a perusal of the record, it is evident that during investigation of the case, it was found that, the present accused applicants Avinash Nishad, Vikas Madhwani and Jitendra Bagh has been found to have Bank Account Nos. 309023925119, 309024253231 and 309023478204 in RBL, Lalpur Branch, Raipur IFSC Code RATN0000389 in the name of the present accused applicants and the Mobile Nos. 9244770329, 8889640662 and 8269892430, respectively is registered with the aforesaid bank account and an amount of Rs. 48,51,386/-, 14,58, 188/- and 30,61,975 has been deposited in the aforesaid bank account of the present applicants in a suspicious manner in a short time, therefore, the applicants are not entitled for grant of bail. 8. In compliance of the Courts’ order dated 29.08.2025, 01.09.2025 the Senior Superintendent of Police, Raipur, has filed his additional affidavit disclosing the evidence collected against the applicants during the course of investigation. The relevant portion of the 6 affidavit reads as under:- “ 4. That, the Government of India, Ministry of Home Affairs, has created a cyber crime reporting portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them, filling in the information of mobile numbers and bank accounts used in cyber fraud. These are the bank accounts in which, the amount of fraud is used by the cyber accused to receive the amount of fraud. The information was received through cyber crime reporting portal coordination that, 54 bank accounts have been opened in RBL Raipur whose IFSC Code is RATN0000389 (45 Accounts) and IFSC Code RATN0000199 (09 Accounts), out of which, the bank account No. 309023925119 of the present accused applicant and others are being used to receive money from cyber fraud. As per the instructions received from the Police Headquarters, a letter was sent to the Police Station Range Cyber Police Station Raipur for action alongwith the details of the aforesaid incident. 5. That, a Crime No. 229/2025 under aforesaid Sections of the B.N.S. 2023 was registered against the accounts holders of the aforesaid RBL (Ratnakar Bank Limited) at Tikarapara Police Station and sent to the Cyber Range Police Station Raipur for further investigation. During the investigation, the information of the aforesaid Bank account holders and KYC of the registered mobile number and other information were obtained. 6. That, during investigation of the case, it was found that, the present accused applicant Avinash Nishad, 7 Vikas Madhwani and Jitendra Bagh has been found to have Bank Account Nos. 309023925119, 309024253231 and 309023478204 in RBL, Lalpur Branch, Raipur IFSC Code RATN0000389 in the name of the present accused applicants and the Mobile Nos. 9244770329, 8889640662 and 8269892430, respectively is registered with the aforesaid bank account and an amount of Rs. 48,51,386/-, 14,58, 188/- and 30,61,975 has been deposited in the aforesaid bank account of the present accused applicants in a suspicious manner in a short time and approximately certain transactions upto 150, 200 and 75 per day, respectively has been found in the said bank accounts. 7. That, the complainant namely Ayesha, Haresh Baldaniya, Nuggu Phani Harsha and others have made online complaint at Coordination Portal vide Acknowledgement No. 23102240015743, 31102240021317 and 31602240012714 dated10.02.2024, 09.02.2024 and 19.02.2024 regarding online financial fraud of Rs. 5,780/-, 5,000/- and 5,058/-, respectively committed by the accused persons. 8. That, during investigation, the present accused applicants were summoned for selling the bank account and opening the account, receiving the suspicious account kit with them and in relation to the bank accounts operated by them and the transactions therein, notice under Section 35 (3) of the B.N.S.S., 2023 was issued to them for interrogation in relation to the bank accounts operated by them and the transactions therein. The present accused applicants appeared and were summoned and notice under Section 94 of the B.N.S.S., 2023 to produce 8 documents in relation to the bank accounts kit, amount received, registered mobile numbers. Thereafter, the memorandum statement of the present accused applicants was duly recorded. 9. That, in the memorandum statement, the present accused applicants have stated that, one Mohit Vishwakarma Mobile No. 8269330453, Amit Jumnani Mobile No. 7470396319, one Deepak Mahanand are their friend and they have told them that, if they gets a bank accounts opened and give it to them, they will give Rs. 3000/-, Rs, 5,000/-, Rs. 5,000/- respectively, then the accused persons asked them why and how to open a bank account and what would be its use, then the said Mohit Vishwakarma, Amit Jumnani and Deepak Mahanand explained to present applicants the process of opening a bank accounts and told them that, the accused are in RBL bank. After the bank accounts are opened, the accused applicants have given the bank accounts kit to the said Mohit Vishwakarma who gave the accused Rs. 3000/-, Amit Jumnani who gave the accused of Rs. 5,000/- and Deepak Mahanand who gave the accused Rs. 5,000/-, respectively in lieu of opening the bank accounts. During investigation, the checklist of the accused persons was prepared and the arrest of the other accused persons in the case is pending and the investigation is going on against other accused involved in the case. 9. have heard learned counsel appearing for the parties and perused the case diary. 10. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the 9 applicants and the fact that in compliance of the Courts’ order dated 29.08.2025 and 01.09.2025, the Senior Superintendent of Police, Raipur, has filed his additional affidavit disclosing the evidence collected against the applicants which has been mentioned above, from a perusal of the record, it transpires that during investigation of the case, it was found that, the present accused applicants Avinash Nishad, Vikas Madhwani and Jitendra Bagh has been found to have Bank Account Nos. 309023925119, 309024253231 and 309023478204 in RBL, Lalpur Branch, Raipur IFSC Code RATN0000389 in the name of the present accused applicants and the Mobile Nos. 9244770329, 8889640662 and 8269892430, respectively is registered with the aforesaid bank account and an amount of Rs. 48,51,386/-, 14,58, 188/- and 30,61,975 has been deposited in the aforesaid bank account of the present applicants in a suspicious manner in a short time, thus, considering the gravity and nature of the crime, it does not seem to be a suitable case to grant bail to the applicants. 11. Accordingly, the bail applications are rejected. Let the applicants – Avinash Nishad (MCRC No. 6376/2025), Jitendra Bagh (MCRC No. 6895/2025), Vikas Madhwani (MCRC No.6576/2025), involved in Crime No. 229/2025 registered at Police Station- Tikrapara, District- Raipur, Chhattisgarh, for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of Bharatiya Nyaya 10 Sanhita, 2023 (in MCRC Nos. 6376/2025 and 6576/2025) and offence punishable under Section 111 and 317(2)(4)(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 6895/2025), is rejected at this stage. 12. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 13. 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