1 2025:CGHC:51729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1615 of 2025 Anish Agrawal S/o Deepak Agrawal Aged About 23 Years R/o Indira Nagar, Tehsil And District Raigarh, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station City Kotwali Raigarh, District Raigarh, C.G. ...Non-applicant For Applicant : Mr. Krishna Tandon, Advocate. For Non-applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 16.10.2025 1. The applicant has preferred the first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.446/2025, registered at Police Station – City Kotwali Raigarh District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 111, 317(2), 317(4) and 317(5) of BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.27 14:39:41 +0530 2 2. The prosecution story in brief is that the Indian Cyber Crime Coordination Center received several complaints made by different persons all over India regarding serval mule accounts and their fraudulent transfers in which report was forwarded to the concerned police headquarters Chhattisgarh. During the investigation several bank accounts were used for financial fraud, on taking bank information the above account was found to be of Nagar Raigarh police station Kotwali. On questioning the holder of bank account namely Raju Giri, it was found that the account in Karnataka Bank has been opened by his elder sister Nisha Giri, when Nisha Giri inquired about her Karnataka Bank account number in the year 2023-24, Chandni Lahre, who works as a loan provider at Bharat Finance Company Circuit House, Raigarh, was well acquainted with her and told her about her financial situation. Chandni Lahre said that she would arrange a loan of Rs. 45,000 for her but for that she would have to open a new account. As she needed money, she opened an account in Karnataka Bank in the name of her younger brother Raju Giri and after opening the account, she gave Chandni Lahare her Karnataka Bank passbook and her SIM. But till date she has not received the loan of Rs. 45,000. After which, when the statement of Chandni Lahre was recorded at Cyber Cell Raigarh, she told that when she was introduced to Jitesh Chandra, he told her that I need 3- 4 new accounts, he will get Rs. 5,000/- in each account, then as her financial condition was not good, she agreed to Jitesh Chandra and she went to Raju Giri, son of Rangu Giri, resident. The said amount obtained through fraud has been used by the bank account holders/promoter, out of which a total fraud amount of Rs. 5,22,798/ 3 was found to be deposited in the bank account from 6 bank account numbers from 01/06/2024 to 14/08/2025, which was a result of cyber fraud, in further investigation the applicant's name was adduced alleging that SIM card in the name of the applicant was used for defrauding the victims. Copy of first information report (F.I.R.) is annexed as ANNEXURE A-2. 3. The applicant respectfully submit that he is innocent and has been falsely implicated in the alleged offences. He further submits that the applicant is a retail trader by profession and was merely acquainted with the main accused, who had borrowed some amount from him. The Applicant has no knowledge or connection with the alleged offence. He apprehends arrest only because his SIM card number has appeared in cyber records, whereas no amount relating to the alleged crime has ever been received by him. The Applicant has no role to play in the alleged crime and has been arrested solely on the basis of the “last seen” theory, though there are no eye-witnesses in the case. The Applicant has not cheated or deceived anyone; therefore, no offences under Sections 111, 317(2), 317(4), and 317(5) of the Bharatiya Nyaya Sanhita, 2023 are made out against him. The prosecution has failed to establish any specific role of the Applicant, as there is no recovery, seizure, or evidence collected showing his involvement in the alleged offence. His name does not appear in the First Information Report, nor has any credible evidence been produced by the prosecution to prove any mala fide intention on his part. The Applicant is a permanent resident of the address mentioned in the cause title and is ready to abide by all conditions that may be 4 imposed by this Hon’ble Court, hence, he pray for the grant of anticipatory bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the allegations against the present applicant is serious in nature, involving a large-scale cyber fraud committed through the use of multiple mule bank accounts across India. It is submitted that during investigation, it was revealed that several fraudulent transactions amounting to Rs. 5,22,798/- were carried out between 01.06.2024 and 14.08.2025 through six different bank accounts, and the said amount was the proceeds of cyber fraud, therefore, he is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, and upon perusal of the case diary, it appears that the present matter pertains to a large-scale cyber fraud involving multiple mule bank accounts used for fraudulent financial transactions across India. During the investigation, it was found that several accounts were opened and misused through deceit, and a fraudulent amount of Rs. 5,22,798/- was transferred from six different bank accounts between 01.06.2024 and 14.08.2025. The material collected during the investigation prima facie shows that the SIM card registered in the name of the present applicant was used in the commission of the said offence, thereby connecting him with the chain of events leading to the cyber fraud. As the investigation is still in progress and the specific role of each 5 accused, including the applicant, is yet to be established, therefore, I am not inclined to grant anticipatory bail to the applicant, 7. Accordingly, the anticipatory bail application of the applicant – Anish Agrawal, involved in Crime No.446/2025, registered at Police Station – City Kotwali Raigarh District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 111, 317(2), 317(4) and 317(5) of BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav