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High Court of Chhattisgarh · body

2025 DAILYLAW 46893 (CHH)

CHIRAVAN SEN v. STATE OF CHHATTISGARH

MCRC/9290/2025 · 2025-12-10

body2025

Judgment text

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1 2025:CGHC:60432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7692 of 2025 Aryan Namdeo S/o Rakesh Namdeo Aged About 20 Years R/o Ward No. 21 Sai Nagar, Dongargarh Tehsil and Distt. Rajnandgaon, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through P.S. Dongargarh, Distt. Rajnandgaon, Chhattisgarh. --- Non-Applicant MCRC No. 9668 of 2025 Sohel Khan S/o Suleman Khan Aged About 24 Years R/o Old Bus Stand, Behind Kali Mandir, Dongargarh, District- Rajnandgaon (C.G.) ---Applicant Versus State Of Chhattisgarh Through S.H.O., Police Station Dongargarh, Distt- Rajnandgaon (C.G.) --- Non-Applicant MCRC No. 9645 of 2025 Ravi Dhemar S/o Shri Kishore Dhimar, Aged About 26 Years R/o Ward No. 19, Dongargarh, Distt. Rajnandgaon (C.G.) ---Applicant Versus State Of Chhattisgarh Through S.H.O., Police Station Dongargarh, Distt. Rajnandgaon (C.G.) --- Non-Applicant MCRC No. 9290 of 2025 1. Chiravan Sen S/o Shri Bheekham Aged About 35 Years R/o Mahaveer Para, Dongargarh, District- Rajnandgaon (C.G.) 2. Ajay Ambade S/o Shri Ashok Ambade Aged About 26 Years R/o Bade Kusmi, Ward No.04,near Gothan, Post- Musra, District- Rajnandgaon (C.G.) 3. Lokesh Gawrane S/o Shri Manoj Gaawarane Aged About 27 Years R/o Bhagat Singh Chowk, Dongargarh, District- Rajnandgaon (C.G.) 4. Ayush Sahare S/o Shri Mahesh Sahare Aged About 18 Years R/o Kalkapara, Ward No. 10, Dongargarh, District- Rajnandgaon (C.G.) PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.15 18:59:27 +0530 2 --- Applicant Versus State Of Chhattisgarh Through- Police Station Dongargarh, Distt- Rajnandgaon (C.G.) --- Non-Applicant MCRC No. 8931 of 2025 Priyanshu Janghel S/o Bharat Janghel Aged About 22 Years R/o Thethwar Para, Ward No. 22, Dongargarh, District- Rajnandgaon (C.G.) --- Applicant Versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Dongargarh, District- Rajnandgaon (C.G.) --- Non-Applicant For Applicant (MCRC No.7692/2025) : Mr. Sudhanshu Kumar Singh, Advocate. For Applicant (MCRC No.8931/2025) : Mr. Vivek Singhal, Advocate. For Applicants (MCRC No.9290/2025): Mr. Pushpendra Kumar Patel, Advocate. For Applicant (MCRC Nos.9645/2025 and 9668/2025) : Mr. Mayank Chandrakar, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. Since the above-mentioned five 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. 360/2025 registered at Police Station- Dongargarh, District- Rajnandgaon, Chhattisgarh, for the offence punishable under Sections 317(2), 317(4) and 317(5) of Bharatiya Nyaya Sanhita, 2023. 3. According to the prosecution's story, based on information received from the Department of Home, Government of India, legal proceedings were 3 initiated against the Mule Account holders involved in illegal transactions. Following directions/instructions issued by the Superintendent of Police, Rajnandgaon, the Police Station Dongargarh, District Rajnandgaon, registered Crime No. 360/2025 on 15.07.2025 for offenses punishable under Sections 317(2) and 317(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, against 21 Mule Account holders. The crime was initially registered against unknown persons. During the investigation, the prosecution seized the account statements and subsequently filed the charge sheet for offenses punishable under Sections 317(2), 317(4), and 317(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, against 14 Mule Account holders. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in these cases. The applicant in MCRC No.7692/2025 having no knowledge about the money being deposited in his bank account as well as he has not withdrawn any amount from his personal bank account. As per the prosecution story, only Rs. 1,898/- has been deposited in the account of the present applicant at the time of seizure of account, which shows that this account is not engaged in illegal transaction. Applicant in MCRC No.8931/2025 is a student of Bachelor of Computer Application and only Rs. 10,369/- has been deposited by the unknown person in the account of present applicant. Applicants in MCRC No.9290/2025 have no active role in the present case. Learned Counsel appearing in MCRC Nos.9645/2025 and 9668/2025, submits that the present applicants are innocent and playing fraud by the other co-accused persons as the amount which has been deposited in the account of present applicant by unknown source and the said fact came in the knowledge of the present applicant when the police arreted him. The police has registered the crime only on the basis of suspicion and presumption. The applicants have no criminal antecedents and applicant, namely, Chiravan Sen 4 (MCRC No. 9290/2025) has one previous criminal antecedent. The applicants are languishing in jail since 17.07.2025 19.07.2025, 26.08.2025, 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. 5. Learned counsel for the State/non-applicant vehemently opposes the bail application. He further submits that substantial amounts of money have been credited and withdrawn from the bank accounts of the accused persons, clearly indicating their involvement in the commission of the offence. It is submitted that in the account of accused Aryan Namdeo, an amount of Rs. 1,09,726/- was deposited and Rs. 1,07,983/- was withdrawn. From the account of accused Ravi Dhemar, Rs. 71,568/- was deposited and Rs. 59,334/- was withdrawn. From the account of accused Sohel Khan, Rs. 5,29,160/- was deposited and Rs. 5,14,826/- was withdrawn. From the account of accused Chiravan Sen, Rs. 87,040/- was deposited and Rs. 70,255/- was withdrawn. Further, from the account of accused Priyanshu Janghel, an amount of Rs. 15,36,845/- was deposited and Rs. 14,64,559/- was withdrawn, four online cyber fraud complaint has been registered against him. From the account of accused Ajay Ambade, Rs. 6,46,079/- was deposited and Rs. 6,40,979/- was withdrawn, eight online cyber fraud compliant has been registered against him. From the account of accused Lokesh Gawrane, Rs. 1,02,900/- was deposited and Rs. 38,004/- was withdrawn. From the account of accused Ayush Sahare, Rs. 3,34,357/- was deposited and Rs. 2,96,478/- was withdrawn. Learned State counsel submits that the present case pertains to online cyber fraud involving organized crime, wherein the accused persons acted in a systematic and coordinated manner. The financial trail clearly establishes their active participation in the offence. Considering the serious nature of the offence, the magnitude 5 of the fraud, and the possibility of tampering with evidence and influencing witnesses, the applicants are not entitled to the grant of bail. Hence, it is prayed that the bail application be rejected. 6. In compliance of the Courts’ order dated 31.10.2025, the Investigating Officer, Police Station – Dongargarh, District – Rajnandgaon (C.G.), has filed his additional affidavit disclosing the evidence collected against the applicant (MCRC No. 7692/2025) during the course of investigation. The relevant portion of the affidavit reads as under:- “8. Thus, a total amount of Rs. 1,00,6544/- obtained through cyber fraud has been found deposited in 21 different accounts of Bandhan Bank, Branch Dogargarh. Therefore, prima facie, offence under sections 317 (2), 317 (5) BNS has been registered against the 21 mule account holders. 9. It is submitted that during the investigation, memorandum statement of accused / applicant was recorded in which who has stated that Ravi Masih had asked him to sell the account and in this regard he would get Rs. 5,000/-. Thereafter he had opened bank account in Bandhan Bank Dongargarh which account No. 50230012482347 and his ATM, pass book, PIN and mobile SIM number 7723009546 handed over to Ravi Masih, therefore, prima facie the involvement of the present applicant/accused in the aforesaid crime has been shown. Copy of memorandum statement of applicant/accused is being annexed & marked as Annexure R/1. 10. It is humbly submitted by the deponent that, against the present applicant/ accused, sufficient evidence is available in the case diary which shows that the present applicant is actively involved in aforesaid crime.” 7. I have heard learned counsel appearing for the parties and perused the case diary. 6 8. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that in compliance of the Courts’ order dated 31.10.2025, the Investigating Officer, Police Station – Dongargarh, District – Rajnandgaon (C.G.), has filed his additional affidavit disclosing the evidence collected against the applicant, namely, Aryan Namdeo which has been mentioned above, from a perusal of the record, it transpires that during the investigation, a total amount of Rs. 1,00,6544/- obtained through cyber fraud has been found deposited in 21 different accounts of Bandhan Bank, Branch Dogargarh. Chhattisgarh, further from perusal of record, it transpires that substantial amounts of money have been credited and withdrawn from the bank accounts of the accused persons, clearly indicating their involvement in the commission of the offence, the account of accused Aryan Namdeo, an amount of Rs. 1,09,726/- was deposited and Rs. 1,07,983/- was withdrawn, from the account of accused Ravi Dhemar, Rs. 71,568/- was deposited and Rs. 59,334/- was withdrawn, from the account of accused Sohel Khan, Rs. 5,29,160/- was deposited and Rs. 5,14,826/- was withdrawn, from the account of accused Chiravan Sen, Rs. 87,040/- was deposited and Rs. 70,255/- was withdrawn, further, from the account of accused Priyanshu Janghel, an amount of Rs. 15,36,845/- was deposited and Rs. 14,64,559/- was withdrawn, four online cyber fraud complaint has been registered against him, from the account of accused Ajay Ambade, Rs. 6,46,079/- was deposited and Rs. 6,40,979/- was withdrawn, eight online cyber fraud compliant has been registered against him, from the account of accused Lokesh Gawrane, Rs. 1,02,900/- was deposited and Rs. 38,004/- was withdrawn. From the account of accused Ayush Sahare, Rs. 3,34,357/- was deposited and Rs. 2,96,478/- was withdrawn, further the present 7 case pertains to online cyber fraud involving organized crime, wherein the accused persons acted in a systematic and coordinated manner, the financial trail clearly establishes their active participation in the offence, considering the serious nature of the offence, the magnitude of the fraud, and the possibility of tampering with evidence and influencing witnesses, it does not seem to be a suitable case to grant bail to the applicants. 9. Accordingly, the bail applications are rejected. Let the applicants – Aryan Namdeo (MCRC No. 7692/2025), Sohel Khan (MCRC No. 9668/2025), Ravi Dhemar (MCRC No.9645/2025), Chiravan Sen, Ajay Ambade, Lokesh Gawrane, Ayush Sahare (MCRC No. 9290/2025) and Priyanshu Janghel (MCRC No 8931/2025) involved in Crime No. 360/2025 registered at Police Station- Dongargarh, District- Rajnandgaon, Chhattisgarh, for the offence punishable under Sections 317(2), 317(4) and 317(5) of Bharatiya Nyaya Sanhita, 2023., is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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