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2025 DAILYLAW 49675 (CHH)

NITESH PRATAP SINGH v. STATE OF CHHATTISGARH

MCRC/6335/2025 · 2025-08-10

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Judgment text

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1 2025:CGHC:40216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6335 of 2025 Nitesh Pratap Singh Son Of Udho Pratap Singh Aged About 28 Years R/o Camp 01, Bhilai Thesil And District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer PS Vaishali Nagar, District- Durg (C.G.) ... Respondent For Applicant : Ms. Anuja Sharma, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.86/2025 registered at Police Station Vaishali Nagar Durg for the offence punishable under Sections GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:20:22 +0530 2 317(2), 317(4), 318(4), 61(2)(a) of BNS. 2. Case of the prosecution, in brief, is that the applicant has opened a bank account after taking Rs.5,000 from Kunal Patnayak who used the said bank account to deposit money obtained from online/offline fraud. Applicant has studied till class 8th and was induced by co-accused person for monetary benefit due to which he gave his consent for opening of the bank account. Later on he got to know that his account was being used as a mule account for the purposes of defrauding and as per the allegation a total transaction of Rs.1,12,58,419.70 has taken place from the account of the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely been implicated in the commission of the offence only on the basis that money was deposited in his account. It is submitted that the whole involvement of the applicant is based on his own memorandum. She would submit that the prosecution has failed to show that the applicant had any knowledge about the commission of the offence or that while knowing money being deposited are proceeds of crime and the applicant was induced by the co-accused person only to the extent that some money will be deposited in his account and whole case of the prosecution is based on the memorandum of the co-accused person. She would submit that charge sheet has been filed in this case, applicant is in jail since 02/06/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and would submit that charge sheet has been filed in the present case before the competent court. He would further submit that in the present case total 13 accused persons are involved, allegation against the present applicant is serious in nature and as per the allegation a total transaction of Rs.1,12,58,419.70 has taken place from the account of the applicant, therefore he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it prima facie appears that the applicant is involved in a serious cyber crime offence, in the present case, total 13 accused persons are involved and a total transaction of Rs.1,12,58,419.70 has taken place from the account of the applicant, the investigation revealed that the bank account of the accused / applicant demonstrate suspicious transactional activity, suggestive of his involvement in the organized cyber crime, therefore this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of applicant Nitesh Pratap Singh involved in Crime No.86/2025 registered at Police Station Vaishali Nagar Durg for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(a) of BNS, is rejected. 4 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri