1 2025:CGHC:50112 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7927 of 2025 Mohammad Rafiq S/o Sheikh Rehman Aged About 32 Years R/o Near Kgn Mosque, Raipur Naka, Durg, Tehsil And Distt. Durg, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Mohan Nagar, Distt. Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Virendra Kashyap, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.10.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 221/2025 registered at Police Station Mohan Nagar, Distt. Durg (C.G.) for the offence punishable under Section 317(2), 317(4), 318(4), 61(2) (a) of Bharatiya Nyaya Sanhita (for short ‘BNS’). ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.13 11:27:11 +0530 2 2. Case of the prosecution, in brief, is that the Sub-Inspector of Police Station Mohan Nagar investigated a cyber fraud case involving a mule bank account flagged through the Samanvay Portal of the Ministry of Home Affairs. It was revealed that an account in Punjab National Bank, Durg, in the name of Mohammed Rafiq (present applicant), was used to fraudulently receive Rs.25,000/- each from two victims on 15.08.2024. During the investigation, the applicant confessed to his involvement and admitted that his associate, Sanu Khan, had used his passbook and ATM card to carry out the fraud. In consideration of allowing the use of his account, the applicant received Rs.15,000/-. The investigation established that both accused knowingly participated in a criminal conspiracy to obtain illegal monetary gains through online fraud. Consequently, a case was registered under Sections 317(2), 317(4), 318(4), and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 14.07.2025, therefore this second bail application is filed on the ground that charge-sheet has been filed in the present case and the applicant is in jail since 13.03.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the present matter involves a serious cyber fraud wherein a mule bank account, flagged through the 3 Samanvay Portal of the Ministry of Home Affairs, was used to commit the offence. The account in question, maintained with Punjab National Bank, Durg, and belonging to the present applicant Mohammed Rafiq, was fraudulently used to receive Rs.25,000/- each from two victims on 15.08.2024. The applicant has confessed to his involvement, admitting that his account and ATM card were used in the commission of the fraud, therefore, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 14.07.2025 in MCRC No. 5450 of 2025 on merits, thereafter, the applicant has preferred this second bail application on the ground that charge-sheet has been filed in the present case, it further transpires from the records that the applicant, Mohammad Rafiq, knowingly allowed his Punjab National Bank account (A/c No. 1654000100274907) to be used for cyber fraud and received Rs.5,000/- in return. The account was used on 15.08.2024 to fraudulently obtain Rs.25,000/- each from two victims. During interrogation, the applicant admitted that his associate, Sanu Khan, used his passbook and ATM card to carry out the fraudulent transactions, hence prima-facie involvement of the applicant has been found in the commission of alleged crime, further there appears to be no good ground to entertain this second bail application. 4 7. Accordingly, the second bail application of the applicant- Mohammad Rafiq, involved in Crime No. 221/2025 registered at Police Station Mohan Nagar, Distt. Durg (C.G.) for the offence punishable under Section 317(2), 317(4), 318(4), 61(2) (a) of Bharatiya Nyaya Sanhita, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek