1 2025:CGHC:55830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9209 of 2025 Rohit Kasturiya S/o Dileep Kasturiya Aged About 24 Years R/o H.No. 646, Deepak Colony, New Rajendra Nagar, Raipur, Distt. Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Cyber Range, Raipur, Distt. Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Veer Verma, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 129/2025 registered at Police Station – Cyber Range, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the account number 60504209888 maintained at Bank of Maharashtra, Raipur Branch RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 (IFSC Code: MAHB0000981) stands in the name of Miss Dhanwanti Jethwani, sister of Shahil. It came to notice that the said account was being maintained and operated by Shahil and mobile number 7447010758 was registered with this account. A total amount of Rs. 45,72,119/- was deposited in the said account. In his memorandum statement, Shahil stated that the said account had been sold to the applicant/accused Rohit, and it was accepted that the account was being operated by the applicant/accused. Regarding a financial transaction of Rs. 40,000/-on 13.10.2024, an online report of cyber fraud was lodged by the complainant Bhagwan Singh and three others under Acknowledgment Number 32710240052337. It has also been reported that a total of 26 mule accounts have been identified under the same IFSC Code MAHB0000981 of the said bank. In the case, the account statement of account number 60504209888, maintained by the accused, has been submitted for the period 30.08.2024 to 31.12.2024. The said account was opened on 30.08.2024 in the name of Miss Dhanwanti Jethwani with an initial deposit of Rs. 2,000/-. The transactions in this account became noteworthy from 17.09.2024, as a detailed examination revealed that nearly 30 to 40 transactions were carried out every day. 3. On 17.09.2024, the credit and debit transactions in the account were as follows: Credits: 10,000/-, 4,000/-, 3,000/-2,000/-, 1,000/-, 1,500/-, 7,500/-, 7,000/-, 40,000/-, 5,500/-. Debits: 5,000/-, 15,000/-, 5,500/-, 25,000/-, 10,000/-, 4,500/-, 22,000/-. Similarly, transactions were carried out in the account on 18.09.2024, 19.09.2024, 3 20.09.2024, 21.09.2024, 02.10.2024, 03.10.2024, 04.10.2024, 05.10.2024, 06.10.2024, 14.10.2024, and 15.10.2024, following the same pattern multiple credit transactions followed by lump-sum debit transactions. Thus, during the year 2024, the account exhibited a consistent pattern of transactions, which is considered highly unusual in nature. According to the memorandum statement of accused Shahil Jethwani, at the instance of the applicant/accused Rohit Kasturiya, the aforesaid bank account was opened in the name of Miss Dhanwanti Jethwani, and the bank kit was handed over to the applicant/accused. Shahil Jethwani also stated that he was paid Rs. 10,000/- for this arrangement. It is alleged that the applicant/accused carried out unusual financial transactions through the said account. Considering the nature of the offence and the circumstances in which it was committed, it appears to be an organized crime through cyber fraud. FIR bearing Crime No. 129/2025 was registered by the police of Police Station - Cyber Range, Raipur, District Raipur (C.G.) for an alleged offence punishable under Section 317(2), 317(4), 317(5), 111(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and investigation was initiated. After completion of entire investigation, charge-sheet was filed. Hence, this application. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It is further submitted that no incriminating material or proceeds of crime have been recovered from the 4 applicant. The entire case is based on statements and assumptions without any direct material evidence against the applicant. The applicant is in jail since 20.05.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that the present case pertains to a large-scale cyber financial fraud in which 128 mule bank accounts were identified by the Cyber Crime Reporting Portal of the Ministry of Home Affairs, Government of India. These accounts, spread across different branches of the Bank of Maharashtra with various IFSC codes, were found to be systematically used by cyber criminals to receive, layer, and siphon off illicit funds extracted from innocent citizens through fraudulent means. It represents a part of a complex and well- organised racket, involving multiple intermediaries, account sellers, handlers, and cyber co-accused, thereby posing a serious threat to the financial security of numerous victims across the nation. Considering the devastating impact of cyber financial crimes and their rapidly increasing prevalence, a strict view is warranted. 6. Learned State counsel further submits that the investigation has unearthed clear and direct evidence showing that the applicant is not a passive or ignorant participant, but a central and conscious facilitator of the fraudulent scheme. The bank account in question bearing No. 60504209888, Bank of Maharashtra, Raipur Branch was opened in the name of the applicant’s sister, Miss Dhanvanti Jethwani, but was fully maintained, operated, and controlled by the 5 applicant himself. The mobile number registered with the bank account, 7447010758, has been traced back to the applicant, thereby proving his dominion over the account. Furthermore, it is not an isolated instance. The applicant, in collusion with co-accused persons, actively engaged in procuring, aggregating, and selling mule accounts to third parties for illegal monetary benefits, thereby directly contributing to the functioning of a larger cyber-crime infrastructure. An alarming sum of Rs.45,72,119 was detected as having been transferred through the applicant-operated account within an unusually short span of time, clearly suggestive of unlawful activity. These transactions were not supported by any legitimate business, employment, or verifiable economic activity. One such transaction, amounting to Rs.40,000, was specifically flagged in the complaint lodged by victim Bhagwan Singh via the national Cyber Crime Portal/1930, where the money was fraudulently transferred from the victim’s account directly into the accused’s mule account on 13.10.2024. Bank statements duly obtained corroborate this fact. This establishes an unbroken chain linking the proceeds of cyber fraud to the applicant. The applicant was issued statutory notices under Sections 35(3) and 94 of the BNSS to furnish documents, KYC papers, mobile SIM details, and explanations regarding the source, destination, and purpose of the suspicious transactions. The applicant deliberately failed to furnish the required documents and provided no explanation whatsoever for the extraordinary flow of illicit funds into the account. So far as the other co-accused persons are concerned, there bail application have already been rejected by this Court vide orders dated 12.09.2025 and 31.10.2025 passed in 6 MCRC Nos. 7344/2025 and 8661/2025, respectively. As such, the bail application deserves to be rejected. 7. I have heard learned counsel for the parties and perused the case diary. 8. From the perusal of the records as well as the bail rejection order of the trial Court concerned, and considering the overall incriminating facts and circumstances emerging from the case diary, it is evident that the applicant played a deliberate and active role in operating and selling the mule bank account No. 60504209888, which received suspicious transactions amounting to ₹45,72,119 and was directly used for transferring ₹40,000 obtained through cyber fraud from the complainant. The registered mobile number linked to the account belongs to the applicant, and the co-accused has categorically stated that the applicant himself maintained, controlled, and subsequently sold the said bank account to another handler for illegal monetary gain. The applicant’s conduct in procuring bank accounts through multiple persons, selling at least five such accounts for commission, and then failing to produce any documents or explanation despite statutory notices under Sections 35(3) and 94 BNSS, demonstrates his conscious involvement in an organized cyber-fraud network. His non-cooperation and the likelihood of tampering with crucial digital evidence further aggravate the gravity of the offence. So far as the other co-accused persons are concerned, there bail application have already been rejected by this Court vide orders dated 12.09.2025 and 31.10.2025 passed in MCRC Nos. 7344/2025 and 8661/2025, respectively. In 7 view of these incriminating circumstances and the applicant’s specific role in facilitating the crime. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, this first bail application of applicant – Rohit Kasturiya involved in Crime No. 129/2025 registered at Police Station – Cyber Range, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the BNS, is rejected at this stage. 10. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar