1 2025:CGHC:61078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9038 of 2025 Firoz Khan S/o Late Usmaan Khan Aged About 38 Years R/o Pushpanjali Chowk, Patelpara Rampur, Police Station And Tehsil Kartala, District Korba C.G. ... Applicant versus State of Chhattisgarh Through Station House O3cer, Police Station Pathalgaon, District Jashpur C.G. ... Non-Applicant For Applicant : Mr. N.K. Chatterjee, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. This is the First bail application :led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 71/2025 registered at Police Station – Pathalgaon, District Jashpur, (C.G.), for the o@ence punishable under Sections 317(2), 317(4), 318(4), and 61(2)(A) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that a report was lodged by the Sub-Inspector of Police Station Pathalgaon, District Jashpur, stating that on the basis of information received from the portal RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 bearing Acknowledgment No. 324050005859 regarding a mule account, scrutiny of Bank Account No. 10170772636 maintained at IDFC First Bank, Branch Pathalgaon, revealed that an amount of Rs.3,00,000/- had been illegally credited on 31.12.2024 as a result of fraud. On the basis of the said report, FIR No. 71/2025 was registered on 06.04.2025 at Police Station Pathalgaon, District Jashpur, Chhattisgarh. During the course of investigation, the memorandum statement of the applicant was recorded, along with the statements of Pramod Kurrey, his wife, and other witnesses in whose presence the memorandum was recorded. After completion of the investigation, the police :led the charge-sheet, and the case has been registered as Criminal Case No. 1776/2025, which is pending before the learned trial Court. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case, as the FIR lodged by the SI, Police Station Pathalgaon, does not disclose the involvement of any speci:c person at the initial stage and merely alleges illegal receipt of money from unknown persons through online transactions. It is contended that during investigation only one memorandum statement of the present applicant was recorded on 01.09.2025 and a mobile phone and an identity card were seized, but no bank passbook was seized, no bank manager or clerk of IDFC First Bank, Pathalgaon was examined, and no material has been collected to show that the applicant ever operated the account or withdrew the alleged amount. The entire case rests solely on memorandum statements 3 without any independent or corroborative evidence, there are no eyewitnesses, and no proof of conspiracy with the co-accused has been brought on record. It is further submitted that the FIR was lodged belatedly in respect of an incident alleged to have occurred on 31.12.2024, that the applicant has been in custody since 01.09.2025, the charge-sheet has already been :led and the case is pending as Criminal Case No. 1776/2025 before the learned JMFC, and therefore there is no likelihood of tampering with evidence. He also submits that the applicant is a social worker having a good reputation in society, and the earlier rejection of bail by the learned Additional Sessions Judge on 25.09.2025 was erroneous; hence, considering the lapses in investigation and the facts and circumstances of the case, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, on the basis of the personal a3davit :led by the Investigating O3cer pursuant to the directions of this Hon’ble Court dated 12.11.2025, opposes the bail application and submits that on receipt of information from the National Cyber Crime Reporting Portal regarding a mule account bearing Acknowledgment No. 32402250005859, scrutiny of Account No. 10170772636 of IDFC Bank, Branch Pathalgaon, revealed that on 31.12.2024 a total amount of Rs.3,00,000/- was fraudulently credited from multiple victims across the country, leading to registration of Crime No. 71/2025 on 06.04.2025 under Sections 317(2), 317(4), 318(4) and 61(2)(A) of the BNS. It is further submitted that during investigation, the account holder 4 Yashoda Kurre disclosed that her bank account and SIM were taken by the present applicant, Firoz Khan, who impersonated himself as a Human Rights Commission worker and journalist, and on his disclosure and memorandum statement recorded in the presence of independent witnesses, the applicant admitted his involvement along with co-accused persons, pursuant to which one mobile phone and a Human Rights Commission ID card were seized from his possession and he was arrested and remanded to judicial custody. Learned State counsel further submits that the memorandum statements of co-accused Gaus Khan @ Baba Khan also implicate the present applicant in arranging bank accounts for illegal transactions in connivance with other associates, that other co-accused are absconding, investigation is still continuing, and a charge-sheet has already been :led against the present applicant with a supplementary challan to follow. It is also pointed out that multiple cyber fraud complaints stand veri:ed against the said account and that the applicant has a previous criminal antecedent under Sections 420, 120-B and 34 IPC, and therefore, considering the seriousness of the o@ence, the active role of the applicant, the involvement of absconding accused and his criminal antecedents, the applicant does not deserve the bene:t of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions advanced by learned counsel for the parties and on perusal of the case diary as well as the personal 5 a3davit :led by the Investigating O3cer pursuant to the directions of this Court dated 12.11.2025, it prima facie emerges that the present applicant was actively involved in the commission of the alleged cyber fraud. The a3davit of the Investigating O3cer speci:cally discloses that the bank account in question, veri:ed through the National Cyber Crime Reporting Portal, was used as a mule account wherein an amount of Rs.3,00,000/- was fraudulently credited from several victims across the country, and during investigation, the account holder categorically stated that her bank account and SIM were taken and operated by the present applicant under false pretence. The memorandum statement of the applicant, recorded in the presence of independent witnesses, along with the seizure of a mobile phone and a Human Rights Commission ID card from his possession, further substantiates his involvement, which is also corroborated by the memorandum statements of co-accused persons. It is also evident that other co-accused are absconding and the investigation is still continuing, for which a supplementary charge-sheet is yet to be :led. Moreover, the material placed on record reHects that the applicant has previous criminal antecedents involving o@ences of cheating and conspiracy. In view of the gravity and organised nature of the o@ence, the active role attributed to the applicant, the likelihood of tampering with evidence and inHuencing the course of investigation, and the fact that the o@ence involves multiple victims of cyber fraud, this Court does not :nd it to be a :t case for grant of bail. Accordingly, the bail application of the applicant is rejected. 6 7. Accordingly, the bail application of the applicant – Firoz Khan, involved in Crime No. 71/2025 registered at Police Station – Pathalgaon, District Jashpur, (C.G.), for the o@ence punishable under Sections 317(2), 317(4), 318(4), and 61(2)(A) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O3ce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan