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2025 DAILYLAW 50842 (CHH)

BHAVIKA HARCHANDANI v. STATE OF CHHATTISGARH

MCRC/8270/2025 · 2025-10-14

body2025

Judgment text

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1 2025:CGHC:51527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8270 of 2025 Bhavika Harchandani D/o Ashok Harchandani Aged About 26 Years R/o - Hariom Niwas, Opposite Maruti Infront Of Maruti Dairy, Bank Of Maharashtra, Katora Talab, Police Station Civil Line, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Police Station - City Kotwali, District – Raipur, Chhattisgarh. …. Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.10.2025 1. This is the Second 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. 45/2025 registered at Police Station – City Kotwali, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) and 111 of the BNS. 2. The prosecution story, in brief, is that a Sub-Inspector of City Kotwali Police Station, Raipur, registered a cybercrime case based on a RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 complaint received through the "Samanvay" portal, operated by the Indian Cyber Crime Coordination Centre. The complaint pertained to fraudulent transactions linked to 41 bank accounts in Kotak Mahindra Bank (IFSC: KKBK0006402, KKBK0006407. KKBK0006408), which were operational between January 1, 2024, and January 11, 2025. These accounts allegedly received illicit funds totaling 18,96,851, suspected to be proceeds of cyber fraud. In connection with the said offence, the applicant was arrested on 26.03.2025 by Police Station Civil Line, District Raipur (C.G.) for offences punishable under Sections 317(2), 317(4), 317(5), and 111 of the Bhartiya Nyaya Sanhita, 2023. 3. First bail application of the applicant was rejected by this Court vide order dated 09.07.2025 passed in MCRC No.5304/2025. 4. 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 applicant is in jail since 26.03.2025, and no charges have been framed against the applicant till date, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes this second bail application and submits that the offence alleged against the applicant involves serious economic crime related to organized cyber fraud, which poses a grave threat to public trust in the financial system. It is contended that the applicant is allegedly linked to multiple suspicious bank accounts through which fraudulent transactions amounting to Rs. 18,96,851/- were carried out. Further the accounts were systematically operated over an extended period, indicating a well- 3 planned conspiracy. He further submits that the investigation is at a sensitive stage and the applicant's custodial interrogation may be essential to unearth the larger network involved in this Cyber crime, on which basis the first bail application of the applicant was already rejected. As such, this second bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, this Court finds that the allegations against the applicant are of serious nature involving organized cyber crime and financial fraud. The investigation reveals that 41 suspicious bank accounts were operated in Kotak Mahindra Bank between 01.01.2024 and 11.01.2025, through which proceeds of cyber fraud amounting to Rs. 18,96,851/- were transacted. The said accounts are alleged to have been used as mule accounts to channel illicit funds derived from online cheating and fraudulent activities. Cyber crimes of this nature not only affect individual victims but also pose a threat to the integrity of financial institutions and public trust in digital transactions. In view of the gravity of the offence, the systematic manner in which it was executed, the substantial financial loss caused, and the larger public interest involved in curbing cyber and financial crimes, further it cannot be a case of false implication, on which basis the first bail application of the applicant was already rejected, and there appears to be no any good ground raised by the counsel for the applicant in the present bail application, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 4 8. Accordingly, this second bail application of applicant – Bhavika Harchandani involved in Crime No. 45/2025 registered at Police Station – City Kotwali, 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. 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 Rajshekhar