1 2025:CGHC:45650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7151 of 2025 Nitish Kumar S/o Nandkishor Sharma Aged About 27 Years R/o Ward No. 2, Shahid Bhagat Singh, Dipka, District- Korba Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - City Kotwali (Investigation Was Conducted By Range Cyber Headquarter), Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri Dharmesh Shrivastava, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/09/2025 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.45/2025 registered at Police Station City Kotwali (investigation was conducted by Cyber Range/Cyber Crime Headquarter), Raipur, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.10 18:03:01 +0530 2 - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that a First Information Report No. 45/2025 has been registered by the Police Station City Kotwali Raipur by Assistant Sub-Inspector Praveen Pradhan under Sections 317(2), 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023. The FIR pertains to a case reported on 22.03.2025 by the office of the Deputy Superintendent of Police, Cyber Police Range, Raipur, District Raipur, addressed to the Station House Officer, City Kotwali Raipur. Additionally, a memo from the office of the Station House Officer, City Kotwali Raipur, references the subject of taking legal action against mule account holders. The FIR cites instructions received from the Additional Director General of Police (Technical Services), Police Headquarters, Raipur and a reminder letter from Police Headquarters, Raipur, as per directives from senior authorities, information shared through the Indian Cybercrime Coordination Centre, operated by the Ministry of Home Affairs, Government of India, on the Samnvay Portal (designed to facilitate police investigations by sharing cybercrime- related information) indicates that mule bank accounts have been used for the disbursement, utilization, and promotion of funds obtained through cyber fraud. Information gathered from the Samnvay portal reveals that a total of 41 bank accounts in the Kotak Mahindra Bank, Raipur branch, with IFSC codes KKBK0006407, KKBK0006402 and KKBK0006408, were found to have received a sum of ₹18,96,851/- obtained through cyber fraud. The funds acquired through cyber fraud were utilized by the bank account holders/promoters. Between 01.01.2024 and 11.01.2025, these fraudulent funds were deposited into 3 various bank accounts. The account holders/promoters, knowingly aware that the funds were obtained dishonestly or through deceitful means, facilitated the opening of these accounts, assisted in the receipt of the funds and engaged in concealing or disbursing the proceeds, thereby promoting the property derived from cyber fraud and investigation was initiated. Charge-sheet has been filed and matter is pending before the learned Judicial Magistrate First Class, Raipur, District Raipur (C.G.) as Criminal Case No. 27621/2025 under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the police has made allegation against 41 account holder who received more than Rs.18,00,000/- but nothing has been earned or received by the present applicant from this organized crime. He would submit that one of the co-accused person has been granted bail by the trial court. He would further submit that charge sheet has been filed in this case, the applicant is in jail since 02/05/2025 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 so far as the present applicant is concerned from his account Rs.99,631/ amount of cyber fraud was recovered. He would submit that the co-accused who was granted bail by the trial court in his account only Rs.666/- was found to be transferred which he has refunded. He would further submit that bail application of co- accused persons namely Ayush Jethani and Neelam Jethani has been rejected by this Court on 16/07/2025 vide MCRC No.5560/2025, 4 therefore the present applicant is also not entitled to be released on regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, material available in the case diary, considering the fact that from the account of present applicant Rs.99,631/- amount of cyber fraud was recovered, further the fact that bail application of co- accused persons namely Ayush Jethani and Neelam Jethani has been rejected by this Court on 16/07/2025 vide MCRC No.5560/2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Nitish Kumar involved in Crime No.45/2025 registered at Police Station City Kotwali (investigation was conducted by Cyber Range/Cyber Crime Headquarter), Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. 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