1 2025:CGHC:57804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9652 of 2025 Bhavesh Udwani S/o Suresh Udwani Aged About 34 Years R/o Mova, Dubey Colony, Behind Bijali Office, P.S. Pandari, Raipur, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Civil Line, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Bharat Lal Dembra, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.11.2025 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 – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that an information was received at police station Civil Lines Raipur, whereby on 23.03.2025 upon considering the information received from Cyber Range Police Station Raipur for actions against the mule account holders through the coordination portal operated by Home Ministry, Government of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 India, prima facie crime U/s 317(2), 317(4), 317(5), 111 & 3(5) of B.N.S. 2023 was found to have been committed, therefore the crime was registered and was taken up for investigation. That, the information reflects in the Coordination Portal of the Indian Cyber Crime Coordination Center which is operated by the Home Ministry, Government of India, which is a comprehensive guide for sharing information as to Cyber Crime for the purpose of investigation by the Police, upon receiving such information of the mule account which is being used for disbursing, utilizing and enriching the amount obtained from the Cyber Fraud, therefore such information related to Cyber Fraud was collected from the Coordination Portal, in which a total of 128 Bank Accounts of the Bank Of Maharashtra Raipur Branch were found to have deposits of Rs. 64,10,855/- till 11.01.2025, which had been obtained by way of Cyber Fraud. Upon receiving the said information and having reason to believe that the amount is being used, concealed or disposed for the purpose of Cyber Fraud with respect to the aforesaid bank accounts, the offence was registered and taken up for investigation. 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 3 applicant is in jail since 28.03.2025, 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 material collected during investigation clearly demonstrates the applicant’s active and conscious involvement in a well-organized cyber-crime network operating through mule bank accounts. The case does not merely involve an isolated or inadvertent banking transaction, rather it reveals a deep-rooted criminal syndicate wherein fraudulent accounts were systematically opened, sold, and used to siphon off money cheated from innocent citizens across several states. The applicant knowingly opened the bank account in question, handed over the entire bank kit to co- accused persons for monetary inducement, and facilitated the cyber fraud of Rs. 64,10,855/- worth of suspicious transactions, including deposits confirmed through national cyber-crime records. 5. Learned State counsel further submits that the investigation clearly reveals the applicant’s deliberate, conscious, and active involvement in a large-scale organised cyber-fraud syndicate operating through mule bank accounts across various states of the country. The applicant not only opened the bank account in question but also sold the entire bank kit for monetary consideration, fully aware that it would be misused for illegal purposes. The magnitude of the financial transactions Rs.58,41,876/- credited and Rs.58,41,872/- withdrawn within just 20 days, is itself a clear indicator of the criminal intent behind the operation of this account. 4 Multiple cyber-crime complaints linked to this account, certified banking records demonstrating fraudulent deposits, and the memorandum statements of co-accused persons establishing the chain of criminal proceeds leave no doubt that the applicant was a key link in facilitating the unlawful transfer of cheated money. 6. It is further submitted by learned State counsel that the applicant’s failure to produce any valid document or explanation for the suspicious financial transactions, his non-cooperative conduct during investigation, and the risk of tampering with crucial digital evidence further strengthen the case against him. The offence is grave, economically devastating, and poses a serious threat to financial security, affecting victims across states. Grant of bail to such an accused, who has knowingly supported and profited from the cyber-fraud network, would adversely affect the ongoing investigation and may embolden similar criminal activities. 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, and order dated 17.11.2025 passed in MCRC Nos. 9224/2025, 8714/2025, 8228/2025, 9209/2025 and 9197/2025, order dated 18.11.2025 passed in MCRC No.9254/2025, and order dated 21.11.2025 passed in MCRC No.9441/2025, respectively. As such, the bail application deserves to be rejected. 7. I have heard learned counsel for the parties and perused the case diary. 5 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 material collected during the investigation prima facie establishes the applicant’s conscious, deliberate, and active involvement in the organized cyber-fraud syndicate. The bank account bearing No. 60486847875, opened in the applicant’s own name, was handed over by him to co-accused Bhavesh Udvani for monetary consideration, and the applicant has himself admitted in his memorandum statement that he sold the entire bank kit, including the ATM card and registered SIM, for an amount of only Rs.2,000/-, clearly demonstrating his readiness to participate in the illegal network for quick financial gain. The pattern of transactions in the said account further reveals that within a span of merely twenty days, an extraordinary sum of Rs.58,41,876/- was credited into the account, followed by withdrawal of Rs.58,41,872/-, which is wholly inconsistent with any lawful financial activity and clearly indicative of systematic utilization of the account for receiving and siphoning off proceeds of cyber-crime. 9. Moreover, the fact that three cyber-fraud complaints from different States stand registered in connection with bank account in question, coupled with certified bank documents showing the credit of fraudulent amounts, strengthens the chain of circumstantial evidence pointing towards the applicant’s complicity. The co- accused have consistently stated that the applicant knowingly provided his bank account to the organized group for use in cyber- 6 fraud. Despite issuance of notices under Section 94 BNS, the applicant failed to provide any lawful justification, supporting documents, or financial records explaining the origin, nature, or legitimacy of the huge transactions in his account. His evasive replies, failure to cooperate with the investigation, and inability to produce any material to demonstrate bonafide create a strong presumption that the applicant was fully aware of the illegal purpose for which his account was being used. 10. 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, and order dated 17.11.2025 passed in MCRC Nos. 9224/2025, 8714/2025, 8228/2025, 9209/2025 and 9197/2025, order dated 18.11.2025 passed in MCRC No.9254/2025, and order dated 21.11.2025 passed in MCRC No.9441/2025, respectively. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 11. Accordingly, this first bail application of applicant – Bhavesh Udwani, involved in Crime No. 129/2025 registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) and 111 of the BNS, is rejected at this stage. 12. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 13. Office is directed to send a certified copy of this order to the trial 7 Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar