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2025 DAILYLAW 52427 (CHH)

SAURABH @ CHEENU AGRAWAL v. STATE OF CHHATTISGARH

MCRC/7357/2025 · 2025-10-14

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Judgment text

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1 2025:CGHC:51466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7357 of 2025 Saurabh @ Cheenu Agrawal S/o Anil Agrawal Aged About 28 Years R/o Budhwari Bazar, Ward No.06, Sakti, P.S. And Tehsil Sakti, District Sakti (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Police Station Sakti, District : Sakti, Chhattisgarh ... Respondent For Applicant : Mr. Manoj Paranjpe Senior Advocate along with Mr. Aditya Dhar Diwan, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 190/2025 registered at Police Station Sakti, District -- Sakti (C.G.), for the offences punishable under Section 420 of IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.16 12:22:39 +0530 2 2. As per the case of prosecution, on 29.05.2025 letter was received from Office of Superintendent of Police and on 31.05.2025 letter was received from Cyber Cell, Sakti, for initiating proceedings against the Mule Account Holders, through which list of Mule account was received vide Samanvay Portal of Home Ministry, Government of India Operated for reporting cyber-crime in India. Upon enquiry it was found out that Bank Account No. 4833002100003491 of Punjab National Bank, Branch Sakti is involved in the cyber-crime and after inquiring about the said account from Punjab National Bank, Branch Sakti, it was found that from 14.01.2024 to 29.02.2024, there were transaction of Rs.3,48,73,171/-from the said account. It was found that number of complaints are registered against the said account in different states of the country. Thus, account holder has used his bank account to receive money from online racketing and for unlawful gain fraudulently. Upon such complaint & Investigation, police registered FIR bearing no. 190/2025 on 06.06.2025 against the present applicant for the offence punishable under section 420 of the Indian Penal Code, 1860. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the applicant is a 28-year-old young man who was arrested by the authorities of Police Station Sakti, District Sakti on 06.06.2025. The applicant had opened a bank account with Punjab National Bank on 19.12.2023, bearing account number 4833002100003491, with an initial deposit of Rs. 5,500/-, and had registered his mobile number 6260112177 with the account. For the next two months, the applicant did not receive any OTPs or messages 3 and, upon visiting the bank in January 2024, was informed that transactions amounting to approximately Rs. 3.5 crores had been made from his account. He was shocked to learn that these transactions had been initiated from mobile numbers 7987489616 and 9979690538, which were not known to him. The applicant immediately contacted the Branch Manager to block these numbers and had his own number 6260112177 re-registered with the account. The applicant has no knowledge of, or connection with, the numbers 7987489616 and 9979690538 and is unaware how these numbers got linked to his bank account. No consent or authorization was given by the applicant for such changes, and he did not sign any document in this regard. It is also noted that the police have not investigated to determine in whose name these mobile numbers are registered or from where they are being operated. The applicant is thus himself a victim and has not committed, nor is involved in, any cybercrime. The only mobile number operated by the applicant is 6260112177, which is not linked to the disputed transactions. The applicant has never operated the said bank account, was unaware of it, and has neither withdrawn nor utilized any funds from it. Furthermore, the essential ingredients of the offence under Section 420 of the Indian Penal Code, 1860 are completely missing. The contents of the F.I.R. clearly show that no allegation or role has been attributed to the applicant and applicant is in jail since 06.06.2025, therefore, he prays for grant of regular bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that investigation reveals the accused applicant’s active involvement in a large-scale cyber fraud through Bank Account of Punjab National 4 Bank, Sakti, wherein transactions worth Rs. 3,48,73,171/- were made between 14.01.2024 and 29.02.2024. Several complaints have been registered in different States, and the applicant admitted to providing his account for fraudulent transactions in return for commission, therefore, applicant is not entitled for release on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and upon perusal of the affidavit filed by the concerned Superintendent of Police, it is evident that during the course of enquiry, Bank Account No. 4833002100003491 of Punjab National Bank, Branch Sakti, was found to be involved in a large-scale cyber crime. The investigation revealed that between 14.01.2024 and 29.02.2024, transactions amounting to Rs. 3,48,73,171/- were carried out through the said account. It was further found that multiple complaints have been registered in different States across the country against the said bank account, showing that the account holder used it to receive money obtained through online fraudulent activities for unlawful gain. Consequently, an FIR bearing Crime No. 190/2025 was registered at Police Station Sakti on 06.06.2025 against the present accused applicant for the offence punishable under Section 420 IPC. During investigation, the memorandum statement of the accused applicant was recorded, in which he admitted to having opened the said bank account in December 2023 and to having provided his account details to an unknown person who used the account for receiving and transferring fraudulently obtained money, for which the applicant 5 received commission. It has also been found from the ICJS portal that there are about 60 complaints registered against the said account in different States, including Telangana (Crime No. 32/2024), Rajasthan (Crime No. 120/2024), Bihar (Crime No. 499/2024), and Haryana (Crime No. 16/2024). Considering the enormity of the transactions, the gravity of the offence, and the active role of the accused applicant in facilitating cyber fraud for illegal monetary gain, this Court does not find it to be a fit case for grant of bail. 7. Accordingly, the bail application of the applicant – Saurabh @ Cheenu Agrawal, involved in Crime No. 190/2025 registered at Police Station Sakti, District -- Sakti (C.G.), for the offences punishable under Section 420 of IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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 vaibhav