1 2025:CGHC:54413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7152 of 2025 Bhirendra Sahu S/o Shatrughan Sahu Aged About 22 Years R/o Village Koliyari, Police Station - Gaindatola, District - Rajnandgaon (C.G.) ... Applicant Versus State Of Chhattisgarh Through The Station House Officer, Through Police Station - Mohla, District - Mohla-Manpur-Ambagarh Chowki (C.G.) ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate For Non-applicant : Mr. Jitendra Shrivastava, Government Advocate S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 19/2025, registered at Police Station- Mohla, District : Mohla-Manpur-Ambagarh, (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 111 and 61 (2) (a) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, by the letter of Police Inspector namely Kapil Dev Chandra, written to Police Station Mohla, District Mohla- Manpur- Ambagarh Chowki (C.G.) regarding opening a mule account in some commercial bank in different names of persons to which in aforesaid bank, mule account was inquired by the Cyber Crime Coordination Centre' portal under the Ministry of Home Affairs, Government of India. The aforesaid 2 inquiry by Cyber Cell and Police Station - Mohla, District - Mohla-Manpur- Ambagarh Chowki (C.G.) found that under the jurisdiction of the Police Station - Mohla, District - Mohla-Manpur-Ambagarh Chowki (C.G.), Axis Bank & H.D.F.C. Bank, Branch Mohla, District Mohla-Manpur- Ambagarh Chowki (C.G.) in which 4 mule account holders in the Axis Bank and 1 in the H.D.F.C. Bank. It is alleged that from date 01.01.2025 to 31.12.2024, a total sum of Rs. 15,04,251/- was credited in the aforesaid account, which are an amount received from cyber cheating and subsequently, the said amounts will be transferred in other states. Further, the Cyber Crime Coordination Centre' portal found the total fraud of Rs. 15,04,251/- through illegal transactions in the aforesaid mule account. On the said information, Police Station - Mohla, District – Mohla-Manpur-Ambagarh Chowki (C.G.) registered the F.I.R. for the offence punishable under section 317(2), 317(4), 318(4), 111, 61(2)(a) of B.N.S., 2023 against the applicant along with other accused persons bearing Crime No. 19/2025 on the basis of report of the complainant. Thereafter, the applicant was arrested by the police authorities on 28.07.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent and has no connection whatsoever with the alleged crime. It is further submitted that the applicant is not directly involved in commission of the aforesaid crime and the prosecution has also not shown mensrea and there is no material available against the applicant in the case-diary. He submits that that the applicant has not made any illegal transaction from his account as also, nor has received any amount and therefore, there is no role played by the applicant in the present case. He submits that the applicant has been impleaded only on the basis of suspicion and no evidence has been collected showing any cheating or forgery being committed by the applicant in the present case. So far as criminal antecedents of the applicant are concerned, as per the deponent’s knowledge, no criminal antecedent is 3 pending adjudication. He is in jail since, 13.06.2025. The investigation is complete and charge-sheet has been filed before the competent Court. Lastly, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel for the State submits that the allegations against the applicant are serious and prima facie disclose criminality under Sections 317 (2), 317 (4), 318 (4), 111 and 61 (2) (a) of the Bharatiya Nyaya Sanhita, 2023. He further submits that in compliance with this Court's order dated 09.09.2025, whereby the Superintendent of Police, District - Mohla-Manpur- Ambagarh Chowki, was directed to file personal affidavit indicating the ownership of the vehicle on the date of incident and in this regard, the Superintendent of Police, District - Mohla-Manpur-Ambagarh Chowki, has submitted his affidavit stating that during the course of investigation, the memorandum statement of the present accused applicant has duly been recorded wherein, he has categorically deposed in his memorandum statement that, he studied upto Class XII and works as agricultural labour and he studied along with accused Kheman Sahu upto Class XII and they know each other since childhood and the said accuse Kheman Sahu used to make PAN Cards and wherever he went to make PAN cards, he used to go with him for organizing camps and he also used to organize camps with him. He used to give him some money also. One day, Kheman Sahu said that, he wants to open accounts of 15-20 people and he will get commission for opening the accounts and will also give commission on whatever money comes into the account. Then, he told him to get his account opened, then Kheman Sahu said that, he has Aadhar Card and PAN Card then he said that, he has Adhar Card and PAN Card, then in December, they took him to Axis Bank at Mohla Branch and filled a form in his name and in the form the said Kheman Sahu had linked his mobile number 7067702669 to the account in which an OTP came, he showed the OTP to the bank person and 4 deposited Rs. 5000 in the bank through Kheman Sahu to open the account. Due to which, his account was opened in the said bank. Then the bank person gave him cheque book, ATM and in return, he gave him Rs. 1000 as commission. After they, they kept the cheque book and ATM from him. Thereafter, the said accused Kheman Sahu said to him on 04.12.2024 that, he should go to Axis Bank Mohla to open more bank accounts there. Then he gave Rs. 12000 and told him to open two accounts with Rs. 5000 each and give Rs. 1000 as commission to Neetoo Singh Sori and Khilendra Kumar Sori and take the SIM and get it linked to the account. 5. It is further stated that in Bank Account No. 924010067545902 of Birendra Kumar, linked Mobile Number 7067702669, there was total Credit defrauded amount of cyber crime was of Rs. 3,44,752/- and the total debit was of Rs. 3,28,183/- during investigation, it was revealed that, in Bank Account No. 924010067546497 of Khilendra Kumar Sori, linked Mobile Number 9770161820 there was total Credit defrauded amount of cyber crime was of Rs. 6,13,297/- and the total debit was of Rs. 6,28,917/-, which was reported in Acknowledgement Number 33112240159490 by the complainant Suraj Kumar Resident of Gazipur, Uttar Pradesh. During further investigation, it was revealed that, in Bank Account No. 924010067549454 of Neetoo Singh Sori, linked Mobile Number 8815093399, there was total Credit defrauded amount of cyber crime was of Rs. 1,92,193/- 2025 and the total debit was of Rs. 2,02,645/-, which was reported in Acknowledgement Number 31612240110544 by the complainant Abhishek Suneel Chawan Resident of Bangalore, and Acknowledgement Number 22512240024529 by the complainant Jasmeen Kaur Fatehgarh Saheb, Punjab and Acknowledgement Number 33312240027371 by the resident of complainant Kadar Baig resident of Khairagarh, District Khairagarh Chhuikhadan Gandai, Chhattisgarh. Considering the seriousness of the offences, the risk of 5 tampering with evidence and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 6. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 7. Upon careful consideration of the submissions made by learned counsel for the applicant and the State, it is observed that the applicant has been in custody since 13.06.2025, charge-sheet is filed before the concerned Trial Court and further the fact, the applicant used to open bank accounts on the directions of Kheman Sahu on different banks on which, the amounts were received, it appears to be just and reasonable case to allow the applicant to be released on bail. 8. Accordingly, applicant- Bhirendra Sahu, involved in Crime No. 19/2025, registered at Police Station- Mohla, District : Mohla-Manpur-Ambagarh (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 111 and 61 (2) (a) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 6 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY