1 2025:CGHC:57539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6730 of 2025 Mohan Jaiswal S/o Ramswaroop Jaiswal Aged About 27 Years Resident Of Surajpura, Chowki Podi Thana Bodla, Distt- Kabirdham ...Applicant Versus State Of Chhattisgarh Through S.H.O. Police Station Bodla Distt- Kabirdham (Kawardha) (C.G.) … Non-applicant For Applicant : M. Awadh Tripathi, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 90/2025, registered at Police Station : Bodla District – Kabirdham (C.G.) for the offence punishable under Sections 317(4), 318(2) & 61(2) of BNS. 2. The prosecution story in brief is that on the basis of the compliant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.27 17:36:14 +0530 2 made by cyber cell, a report has been lodged against the applicant and In this regard, from the list of letter holders along with the list of bank transactions, the attached transaction of the online cyber fraud complaint number 2020002895272 of Bandhan Bank of account holder Mohan Jaiswal (applicant) of Mul Kauranam (Wardha) U. Account No. 20200028895272 IFSC Code BDBL0001546 was observed, which has the transaction details of the said bank account for the period from 01 July 2024 to 04 March 2025, in which out of the fraud amount of Rs 7,39,500 of complaint number 2020002895272 registered in the cyber police portal on 27.04.2024, Rs 15,000/ has been received in the Bandhan Bank account of account for the purpose of earning illegal money in a planned manner. A case was registered against the applicant/accused under Sections 317(4), 318 (2), 61 (2) of the Indian Penal Code at Police Outpost-Podi, Police Station-Bodla under Crime No. 90/2025. 3. Learned counsel for the applicant submits that the present applicant is not involved in any alleged offence and has been falsely implicated. He has been in judicial custody since 02.06.2025, and the case is still pending. The allegations leveled against him pertain to a bailable and compoundable offence, triable by the Judicial Magistrate First Class. The applicant has neither cheated anyone nor habitually traded in stolen property he was merely acting as a postman to facilitate a transaction, without receiving any commission. Although certain amounts were transferred to his account, no commission was paid, and there is no evidence to suggest that the applicant knowingly received stolen property or has ever committed such offences in the past. The prosecution has wrongly invoked Section 317(4) of BNSS 3 against the applicant to deny him the benefit of Section 35(2) of BNSS, without any material evidence, apparently to create a public perception of a major fraud. The applicant undertakes to fully cooperate with the investigation and trial, will not influence any witnesses or evidence, and shall be present at every hearing. He is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the case. The applicant is also ready to furnish adequate surety and undertake to abide by all the directions and conditions imposed by this Hon’ble Court while granting him bail. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court. It is further submitted that, in compliance with this Hon’ble Court’s order dated 08.10.2025, the Investigating Officer has filed an affidavit stating that FIR bearing Crime No. 90/2025 was registered at Police Station Bodla, District Kabirdham (C.G.) for the offences punishable under Sections 317(4), 318(2), and 61(2) of the Bharatiya Nyaya Sanhita, 2023. During investigation, it was revealed that a total amount of Rs.36,23,103.04/- relating to cyber fraud had been deposited into the bank accounts of the present accused–applicant and his parents, of which Rs.36,14,817.36/- was transferred through UPI and IMPS. The investigation further disclosed that 38 complaints of financial fraud were received from 16 States of the country, namely Karnataka (10), Rajasthan (1), Haryana (1), Maharashtra (7), West Bengal (1), Jharkhand (1), Delhi (2), Madhya Pradesh (1), Telangana (3), Tamil Nadu (1), Andhra Pradesh (2), Bihar (1), Punjab (2), Gujarat (1), Goa 4 (1), and Manipur (1). Therefore, looking to the seriousness and gravity of the allegations, the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, and upon due perusal of the affidavit filed by the concerned Superintendent of Police, it is evident that the material collected during the investigation reveals that an amount of Rs.36,23,103.04/- relating to cyber fraud was deposited into the bank accounts of the present accused applicant and his parents, out of which Rs.36,14,817.36/- was transferred through UPI and IMPS. The investigation further establishes that as many as 38 complaints of financial fraud have been received from 16 different States of the country, indicating the wide and serious nature of the alleged offence. The investigation has also revealed the active involvement of the accused/applicant in the cyber fraud and the embezzlement of substantial amounts of money through illegal financial transactions carried out in furtherance of a criminal conspiracy. Considering the nature and gravity of the offence, coupled with the prima facie evidence collected during the investigation, this Court is of the considered opinion that the present case is not fit for grant of bail. 7. Accordingly, the bail application filed by the accused/applicant is rejected. 8. Accordingly, the bail application of the applicant – Mohan Jaiswal involved in Crime No. 90/2025, registered at Police Station : Bodla 5 District – Kabirdham (Kawardha) (C.G.) for the offence punishable under Sections 317(4), 318(2) & 61(2) of BNS, is rejected 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 vaibhav