1 2025:CGHC:55827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8714 of 2025 Abdul Gani Memon S/o Shri Abdul Rashid Memon Aged About 37 Years R/o Ward No. 17, Bagdehi Para Tarri Road, Gobranawapara Distt. Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Cyber Range, Raipur Distt. Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Wasim Miyan, 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 Bank Account No. 60517440766, IFSC code MAHB0001928 Bank of Maharashtra RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Branch Raipur has been registered in the name of applicant in which mobile No.8269239529 has been registered and Rs. 35,27,821/-has been deposited in the same. Complainant Kirtibas Bhattacharya and 3 other persons have registered online report regarding the online fraud of Rs.26,026/- and the account has been found to be used to receive money for online fraud and for illegal activities hence crime was registered against different mule Bank account holders and investigation was taken up and during the investigation all the account holders have been arrested and during the investigation present applicant and co accused has been arrested and after completing the investigation chargesheet has been filed against them. Hence, this application. 3. 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 applicant. The entire case is based on statements and assumptions without any direct material evidence against the applicant. The applicant is in jail since 04.07.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. 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 applicant was consciously and actively involved in facilitating an organized cyber-fraud network functioning across multiple States, by providing his bank account as a mule 3 account for receiving and layering proceeds of cyber cheating. It is submitted that the Cyber Crime Reporting Portal flagged 128 mule accounts operated through Bank of Maharashtra, Raipur, and the applicant’s bank account No. 60517440766, registered with mobile No. 8269239529, has emerged as one of the major conduits used for the illicit movement of cyber-crime proceeds. The account shows highly suspicious transactions amounting to Rs.35,27,821/- within a short span, which is wholly disproportionate to the applicant’s financial profile and directly indicative of criminal misuse. Further, a specific amount of Rs.26,026/-, fraudulently siphoned from the complainants as per acknowledgment No. 23212240067567, was traced into the applicant’s account, thereby establishing a direct nexus with the cyber fraud reported. 5. It is further submitted by learned State counsel that The applicant, in his memorandum, admitted that he willingly handed over his bank passbook and ATM card to a person named Bhanu Nagarche for a monetary consideration of Rs.5,000/-, thereby knowingly facilitating the use of his bank account by cyber criminals for unlawful financial transactions. The applicant failed to produce any valid documents relating to the registered mobile number, extraordinary transactions, or the proceeds obtained from selling the bank account, despite notices under Sections 35(3) and 94 BNSS, thereby showing deliberate non-cooperation, suppression of material facts, and conscious participation in the offence. The Indian Cyber Crime Coordination Portal has confirmed that the applicant’s bank account has been reported in four different cyber-crime complaints across 4 multiple States, further revealing the deep and extensive criminal footprint associated with the applicant’s bank credentials. 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. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. 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 knowingly facilitated the cyber-fraud syndicate by handing over his bank account, passbook, ATM card and related credentials to criminal elements for monetary gain, thereby enabling the receipt and circulation of fraudulent funds amounting to Rs.35,27,821/-, including the specific fraudulent transaction of Rs.26,026/- reported by the complainants. His failure to produce documents, inability to explain the suspicious transactions, and the fact that his bank account is linked to cyber-crime complaints from four States, demonstrate his conscious involvement in an organised racket and pose a real risk of tampering with evidence or reoffending if released. 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 view of 5 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. 8. Accordingly, this first bail application of applicant – Abdul Gani Memon 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. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar