1 2025:CGHC:49466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7099 of 2025 Mohnish Kumar Tandiya S/o Shri Naresh Kumar Tandiya Aged About 29 Years R/o Village Kotwal Para Nawagarh, Police Station- Magarlod, District- Dhamtari (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Rajim, District- Gariyaband (C.G.) --- Respondent(s) MCRC No. 7414 of 2025 Pawan Kumar Miri S/o Shri Mohan Miri Aged About 28 Years R/o Village Bakli, Police Station - Rajim, District - Gariyaband Chhattisgarh --Applicant(s) Versus State Of Chhattisgarh Through The Station House Officer, Police Station - Rajim, District - Gariyaband Chhattisgarh --- Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.09.2025 1. Since the above-mentioned two bail applications arise out of same KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are 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 applicants who have been arrested in connection with Crime No. 145/2025 registered at Police Station Rajim, District - Gariyaband (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) & 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. The prosecution story in brief, is that the during the period from 30.05.2024 to 17.03.2025, scrutiny of certain bank accounts in Bank of Maharashtra, Rajim branch (accounts 60493931643, 60491638398, 60509340556, 60509274354, 60515824007, 60493928857, and 60487661902) revealed fraudulent transactions totaling Rs.4,16,96,238/- from victims across various states. These accounts were allegedly used to receive funds obtained through deception, with account holders knowingly facilitating the deposit of money acquired through dishonest and fraudulent means. Based on these findings, an FIR (Crime No. 145/2025) was registered under Sections 317(2), 317(4), 318(4), 61(2)A, and 3(5) of the IPC, and after investigation, a charge- sheet was filed. The applicants/accused were prima facie involved, with transactions totaling Rs.28,21,167 in account 60487661902, which were allegedly used for personal gain by allowing others to operate the account. Hence, the bail 3 application. 4. Learned counsel for the applicants submits that the investigation in the case is complete and the charge sheet has already been filed, and further detention is likely to cause unnecessary delay in the trial. Both applicants have been in custody since 18.05.2025, and they are the sole earning members of their families, causing undue hardship due to prolonged incarceration. The applicants assure the Court that they will fully cooperate with the investigation and will not misuse the liberty if granted bail. It is further submitted that Monish Kumar Tandiya was newly married at the time of arrest, with marriage rituals incomplete, and the co- accused to whom he had sold his bank account, Yogendra Kumar Banjare, has since died during treatment in Central Jail, Raipur. The applicants also reserve the right to raise additional grounds at the time of hearing. 5. Per contra, the learned State counsel opposes the bail applications, submitting that the applicants are prima facie involved in a serious economic offence. The prosecution case reveals that between 30.05.2024 and 17.03.2025, several bank accounts in Bank of Maharashtra, Rajim branch, were used to receive funds totaling Rs.4,16,96,238/- obtained through fraud and deception from victims across various states. Specifically, Monish Kumar Tandiya facilitated the opening of bank account No. 60487661902 and provided his SIM card for use by co- accused Yogendra Kumar Banjare, in return for a commission of 4 Rs. 5,000, resulting in total transactions of Rs.28,21,014/-. Similarly, Pawan Kumar Miri was induced to open a bank account under false pretences, resulting in transactions totaling Rs.1,03,13,438/-, therefore, they are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. In compliance of the Court’s orders dated 04.09.2025 and 16.09.2025, the Superintendent of Police, Gariyaband, has filed affidavits confirming the allegations against the applicants, including the seizure of original documents used to open the accounts, details of transactions, and statements of co-accused corroborating the applicants’ involvement. The offences committed are serious in nature and have caused significant financial loss to multiple victims. 8. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it prima facie appears that between 30.05.2024 and 17.03.2025, several bank accounts in Bank of Maharashtra, Rajim branch, were used to receive funds totaling Rs.4,16,96,238/- obtained through fraud and deception from victims across various States. Specifically, applicant, namely, Monish Kumar Tandiya facilitated the opening of bank account No. 60487661902 and provided his SIM card, which used by co-accused Yogendra Kumar Banjare, in return for a commission of Rs. 5,000/- resulting in total transactions of 5 Rs.28,21,014/-. Similarly, applicant, namely, Pawan Kumar Miri was induced to open a bank account under false pretences, resulting in transactions totaling Rs.1,03,13,438/-, prima facie there is cogent material suggesting the applicants’ active and central role in orchestrating the alleged fraud, the magnitude of the offence, the number of victims, and the organized manner in which the crime was allegedly committed, reflect a serious economic offence with deep implications on public trust in financial integrity, as such, this Court does not find it to be a fit case for grant of bail at this stage. 9. Accordingly, the bail applications of applicants - Mohnish Kumar Tandiya and Pawan Kumar Miri involved in Crime No. 145/2025 registered at Police Station Rajim, District - Gariyaband (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) & 3(5) of BNS, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal