1 2025:CGHC:50156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6856 of 2025 Priyank Jitendra Kumar Brahmbhatt S/o Shri Jitendra Kumar Jeevanlal Brahmbhatt Aged About 33 Years R/o Barotvas Jangral Patan Gujarat, At Present E 101 Anand Eye Life Near Vaishnav Devi Under Pass Judal District Patan Gujarat (In Jail) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Gudhiyari, Raipur, District Raipur Chhattisgarh ... Respondent For Applicant : Shri Akhand Pratap, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 1. This is 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 applicant who has been arrested in connection with Crime No.268/2025 registered at Police Station Gudhiyari Dist- Raipur C.G. for the offence punishable under Sections 318 (4), 3 (5) of BNS. 2. Case of the prosecution, in brief, is that on 25.02.2025 the complainant, induced by an online advertisement of B.N. Rathi Securities GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:42:21 +0530 2 Company promising lucrative returns, invested a sum of Rs.2,65,900/- between 12.03.2025 and 30.04.2025 in various bank accounts provided by the accused persons. During investigation by the Cyber Police, Raipur, it was revealed that multiple bank accounts including those of co-accused Hemant Kumar Jain, Nagendra Kumar Yadav, and Sheikh Surur Baba were used to siphon huge amounts of money, and the applicant/accused Priyansh Jitendra Kumar Brahmbhatt was also found to be a beneficiary of fraudulent transactions to the tune of several lakhs, operated through forged Aadhaar, PAN and other false credentials. It is further alleged that the applicant, in conspiracy with the co-accused, assisted in the commission of the cyber fraud and thereby cheated the complainant and others. Upon non-cooperation in investigation, the applicant was arrested on 10.06.2025, produced before the competent Court, and remanded to judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case and the prosecution story does not show that the applicant withdrew or personally utilized any part of the alleged cheated amount. The only allegation is that his bank account was used for certain transactions, but there is no evidence of his conscious involvement, knowledge, or benefit. He would submit that the applicant’s account appears to have been misused by unknown fraudsters without his consent or knowledge. He would submit that charge sheet has been filed, the applicant is in jail since 10/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and he would submit that charge sheet has been filed in this case. He would submit that in compliance of the Court’s order dated 01/09/2025, the Superintendent of Police has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 01/09/2025, Senior Superintendent of Police, Raipur Shri Lal Umed Singh has filed his personal affidavit which reads as under:- “xxx xxx xxx 2.That, the subject case came up for hearing before the Hon'ble Court on 01.09.2025 and after hearing of this matter, the Hon'ble Court has been pleased to direct the concerned Superintendent of Police to file his personal affidavit disclosing the evidence collected against the applicant during the course of investigation. Therefore, in compliance whereof, the instant affidavit is being filed before this Hon’ble Court for its kind perusal and consideration. 3.That, according to the prosecution story, on 25.02.2025, the complainant induced by an online advertisement of B.N. Rathi Securities Company promising lucrative returns, invested a sum of Rs. 2,65,900/- between 12.03.2025 and 30.04.2025 in various bank accounts provided by the accused persons. During investigation by the Range Cyber Police, Raipur, it was revealed that, multiple bank accounts including those of accused Hemant Kumar Jain, Nagendra Kumar Yadav and Sheikh Surur Baba were used to siphon huge amounts of money and the applicant accused was also found to be a beneficiary of fraudulent transactions to the tune of several Lacs, operated through forged Aadhar, PAN and other false credentials. The applicant in conspiracy with the other accused persons, assisted in the commission of the cyber fraud and thereby cheated the 4 complainant and others. Upon non cooperation in investigation, the applicant was arrested on 10.06.2025, produced before the Competent Court and remanded to judicial custody. 4. That, in compliance of the Hon'ble Court's order, it is most humbly and respectfully submitted that, the Government of India, Ministry of Home Affairs, has created a Cyber Crime Reporting Portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them, filling in the information of mobile numbers and bank accounts used in cyber fraud. 5.That, these are the bank accounts used by cybercrime offenders to launder fraud proceeds. Through coordination with the Cyber Crime Reporting Portal, a valid acknowledgement Number 33305250011641 was received and the account of the accused bank account holder was put on hold/leaned. The complainant stated that, on 25.02.2025, while searching on his mobile, he saw an advertisement of "B.N. Rathi Securities Company" on Google Ads which was luring him with attractive returns on investment. The complainant clicked on the advertisement and reached the company's website. The company added the application to a Whatsapp Group, where he received a link to B. N. Rathi Company and the company representatives called him from various numbers, encouraging him to invest. The complainant, falling into their trap, was duped of approximately Rs. 2,65,900/- from 12.03.2025 to 30.04.2025 as per their instructions in various bank account. That, on the applicant's written application, prima facie, the crime under Sections 318 (4) and 3 (5) of the B.N.S., 2023 was found to have been committed in Gudhiyari Police Station of Raipur District and hence, the crime was registered and the matter was taken into investigation. Its further investigation is being done by the Range Cyber Police Station, Raipur. There are 18 complaints have been made by the various complainants against the aforesaid bank account numbers of the present accused applicant. 5 5.That, during the course of investigation, it was found that, the accused had deposited Rs. 10 Lacs on 03.04.2025 and Rs. 20 Lacs on 05.05.2025 in the Bank Account Number 10202008869 of IDFC Bank, thus, a total amount of Rs.30 Lacs was defrauded from the complainant Hemant Kumar Jain. 6.That, during investigation, a report was sent to the concerned Bank for information about the accused bank account holder wherein, it was revealed that, the in the IDFC Bank Account Number 10202008869 (IFSC Code IDFB0040308) is in the name of Shivank Infinity I.T. Solution and on being inquired, the KYC, Mobile Number 8866608578, Aadhar Card, PAN Card and other relevant documents of the accused applicant were provided by the said IDFC Bank. 7. That, during the course of investigation, the memorandum statement of the accused was recorded wherein, he has categorically deposed that, in October, 2024, he opened a current account in IDFC Bank in the name of his firm Shivank Infinity IT Solutions Private Limited and registered my mobile number, 8866608578, with that account. Through his friend Krishna Sharma, he met Arif Pathan and Taukir Sheikh residents of Sarkhej, Ahmedabad, they said to give his current account and they will give him 1% of the transaction amount. The account he provides will receive between Rs. 25 Lacs to Rs. 30 Lacs. Due to greed for money, he opened his IDFC Bank current account number 10202008869 and gave them and they gave him Rs.25,000/- on 03.04.2025 and then Rs.25,000/-on 05.04.2025 and Rs.75,000/- on 08.04.2025, the said accused Arif Pathan and Taukir Sheikh gave him a total of Rs. 1.25 Lacs. 8. That, in compliance of the Hon'ble Court's direction, it is most humbly and respectfully submitted that, the present accused applicant has been arrested on 10.06.2025 by the police of Range Cyber Police, Raipur in connection with Crime No. 268/2025, registered at Police Station Gudhiyari, Raipur, District Raipur (C.G.) against the accused applicant and other accused 6 persons for the offence punishable under Sections 318 (4) and 3 (5) of the Bhartiya Nyay Sanhita, 2023. 9.That, the Deponent herein is duty bound to adhere and comply with the direction issued by this Hon'ble Court from time to time and it shall be his most sincere endeavour to ensure implement action with the coordination of the Police Officials as early as possible. 10. That, the Deponent has highest regards to the orders & directions passed by the Hon'ble Court from time to time and as & when, any further direction be made by Hon'ble Court, the same will be complied with in its true spirit. 11. That, the contents of the attached Affidavit at Paragraphs No. 01 to 10, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 7. From perusal of the affidavit filed by the Superintendent of Police goes to show that during investigation, it was found that the accused had deposited Rs.10,00,000/- on 03.04.2025 and Rs.20,00,000/- on 05.05.2025 in IDFC Bank Account No.10202008869, thereby defrauding the complainant Hemant Kumar Jain of a total sum of Rs.30,00,000/-. Upon inquiry from the concerned bank, it was revealed that the said account stood in the name of Shivank Infinity I.T. Solution, linked with Mobile No. 8866608578, and supported by Aadhaar, PAN, and KYC documents of the applicant-accused. During interrogation, the accused admitted that in October 2024, he had opened a current account in IDFC Bank in the name of Shivank Infinity IT Solutions Pvt. Ltd. and registered his mobile number with it. He further disclosed that, through his friend Krishna Sharma, he met Arif Pathan and Taukir Sheikh of Ahmedabad, who offered him 1% commission to use his bank account for transactions amounting to Rs.25–30 lakhs, out of 7 greed, he provided them his account details and received Rs.25,000/- on 03.04.2025, Rs.25,000/- on 05.04.2025, and Rs.75,000/- on 08.04.2025, totaling Rs.1.25 lakhs from them. Taking into consideration the nature of allegation levelled against the applicant that his bank account was used for fraudulent transactions and the modus operandi reflects a well-orchestrated and large-scale financial fraud committed through digital platforms, causing substantial monetary loss and public harm, thus involvement of the applicant in the alleged offence appears to be reasonable and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, the bail application of applicant Priyank Jitendra Kumar Brahmbhatt involved in Crime No.268/2025 registered at Police Station Gudhiyari Dist- Raipur C.G. for the offence punishable under Sections 318 (4), 3 (5) of BNS, is rejected. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri