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2025 DAILYLAW 51226 (CHH)

NAJAMI BABU v. STATE OF CHHATTISGARH

MCRC/8554/2025 · 2025-10-28

body2025

Judgment text

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1 2025:CGHC:52743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8554 of 2025 Najami Babu S/o Shri Mohd. Istekar, Aged About 22 Years, R/o Taj Nagar, Pandari, Raipur, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Civil Lines, Raipur, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Umesh Pandey, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10 .202 5 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 Lines, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that a bank account bearing PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.31 10:38:28 +0530 2 number 604856847875, registered in the name of the applicant/accused, exists at the Bank of Maharashtra, Raipur Branch, with IFSC Code MAHB0002335. The mobile number 999334xxxx is linked to this account, and a total sum of Rs. 58,41,876/- is reported to have been deposited in it. An online complaint of cyber fraud was lodged on 25.04.2024 by the complainant Ramkali Jatav and another individual, concerning a financial transaction of Rs. 1,833/- in the aforementioned account, under acknowledgement number 32107240022785. It has further been reported that under the same IFSC Code (MAHB0002335), a total of 21 accounts have been flagged as mule accounts. The case diary contains the account statement of account number 604856847875, maintained by the accused, for the period 06.04.2024 to 30.08.2024. Upon examination of the statement, it was observed that approximately 30 to 40 transactions were conducted daily. The credited amounts include frequent transactions of Rs. 2,000/-, Rs. 5,000/-, Rs. 10,000/-, Rs. 500/-, Rs. 50,000/-, Rs. 3,000/-, and other similar sums, indicating a highly suspicious and irregular pattern of financial activity. Accordingly, a case has been registered against the accused at Police Station Civil Lines, Raipur, under Crime No. 129/2025, for offences punishable under Sections 317(2), 317(4), 317(5), 111(3), and 3(5) of the Bharatiya Nyay Sanhita (BNS). 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 3 been submitted in this case. It is further submitted that the applicant is barely educated and works as a labourer, earning his livelihood through hard physical work and somehow managing to support his aged parents. The main accused had retained the applicant’s documents for a long period, and the applicant had no knowledge of the cheating or illegal transactions committed using them. The transactions reflected in his bank account pertain only to the wages he receives from his daily labour. The applicant is in jail since 26.03.2025, 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 record, it transpires that an information was received through coordination with the Cyber Crime Reporting Portal that 128 bank accounts have been opened in the Bank of Maharashtra, Raipur, under the following IFSC Codes, which are being used to receive funds obtained through cyber fraud: IFSC Code MAHB0000439 (20 accounts), IFSC Code MAHB0000981 (26 accounts), IFSC Code MAHB0001441 (12 accounts), IFSC Code MAHB0001928 (31 accounts), IFSC Code MAHB0002335 (21 accounts), IFSC Code MAHB0002400 (18 accounts). During the course of investigation, details of the aforementioned bank account holders, including their registered mobile numbers, KYC information, and other relevant data, were obtained. In the course of investigation, it was found that the arrested accused/applicant, Najami Babu, was the registered and operating holder of Bank of Maharashtra, Raipur 4 Branch, IFSC Code MAHB0002339, Account No. 60476241186. The mobile number 6232259310 was registered with this account. It was revealed that during a short period, suspicious financial transactions amounting to Rs.10,86,213/- were transferred through this account. According to the online cyber fraud report lodged on the Cyber Crime Portal/1930 of the Ministry of Home Affairs, Government of India, under Acknowledgement No. 23702240005454, by the complainant Jitendra Patel and another person, a financial transaction of Rs. 3,43,000/- was made from the complainant’s bank account to the accused’s bank account on 01.02.2024. The corresponding bank statement was obtained from the concerned bank for verification. Thus, it appears that the aforesaid transactions have been done by the applicant through the said account, and the facts and the circumstances of the case shows that it is an organized cyber crime committed by the applicant and the co-accused persons. So far as the other co-accused persons are concerned, there bail application have already been rejected by this Court vide order dated 09.07.2025 passed in MCRC Nos. 5298/2025 and 5342/2025, and orders dated 26.06.2025, 25.06.2025, 14.07.2025 and 08.07.2025, 23.07.2025 passed in MCRC Nos. 4906/2025, 4856/2025, 5467/2025, 5248/2025 and 5743/2025 respectively. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 5 6. From the perusal of the records, it transpires that an information was received through coordination with the Cyber Crime Reporting Portal that 128 bank accounts have been opened in the Bank of Maharashtra, Raipur, under the following IFSC Codes, which are being used to receive funds obtained through cyber fraud: IFSC Code MAHB0000439 (20 accounts), IFSC Code MAHB0000981 (26 accounts), IFSC Code MAHB0001441 (12 accounts), IFSC Code MAHB0001928 (31 accounts), IFSC Code MAHB0002335 (21 accounts), IFSC Code MAHB0002400 (18 accounts). During the course of investigation, details of the aforementioned bank account holders, including their registered mobile numbers, KYC information, and other relevant data, were obtained. In the course of investigation, it was found that the arrested accused/applicant, Najami Babu, was the registered and operating holder of Bank of Maharashtra, Raipur Branch, IFSC Code MAHB0002339, Account No. 60476241186. The mobile number 6232259310 was registered with this account. It was revealed that during a short period, suspicious financial transactions amounting to Rs.10,86,213/- were transferred through this account. According to the online cyber fraud report lodged on the Cyber Crime Portal/1930 of the Ministry of Home Affairs, Government of India, under Acknowledgement No. 23702240005454, by the complainant Jitendra Patel and another person, a financial transaction of Rs. 3,43,000/- was made from the complainant’s bank account to the accused/applicant’s bank account on 01.02.2024. The corresponding bank statement was 6 obtained from the concerned bank for verification. Thus, it appears that the aforesaid transactions have been done by the applicant through the said account, and the facts and the circumstances of the case shows that it is an organized cyber crime committed by the applicant and the co-accused persons. So far as the other co-accused persons are concerned, there bail application have already been rejected by this Court vide order dated 09.07.2025 passed in MCRC Nos. 5298/2025 and 5342/2025, and orders dated 26.06.2025, 25.06.2025, 14.07.2025 and 08.07.2025, 23.07.2025 passed in MCRC Nos. 4906/2025, 4856/2025, 5467/2025, 5248/2025 and 5743/2025 respectively. As such, the bail application deserves to be rejected. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Najami Babu involved in Crime No.129/2025 registered at Police Station – Civil Lines, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. 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 Preeti