Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:60071
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8922 of 2025 Johan Tandi S/o Tanu Tandi Aged About 35 Years R/o House Number 3355 Near Timber Market Opposite Shiv Mandir Trimurti Nagar Raipur District Raipur (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Cyber Cell Headquarter, District – Raipur (C.G.)
... Non-applicant For Applicant : Ms. Pratibha Sahu, Advocates. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 10.12.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 229/2025, registered at Police Station – Cyber Cell Headquarter, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the BNS.
2. As per the prosecution story in brief, is that the allegation on the present Applicant is that he Cyber Police of Raipur registered a cyber crimeThe prosecution case reveals that Bank Account No. 309023478569 maintained with RBL Bank Ltd., Raipur Branch (IFSC RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 Code: RATN0000389) stands in the name of the applicant/accused. The said account is registered with mobile number 6263930182, and a total amount of Rs.2,44,16,866/- was found deposited therein. It is further reported that on 02.03.2024, a financial transaction of Rs.1,50,059/- was made in this account, in respect of which an online complaint was lodged. The said IFSC code (RATN0000389) was found linked to 45 suspicious bank accounts as per the bank's report. In Cyber Case No. 214042400002418, filed by complainant Najima and four others, the account statement of the aforesaid account No. 309023478569, maintained by the accused, has been produced for the period 08.11.2023 to 04.02.2024. As per records, the account was opened in the name of the applicant Johan on 08.12.2023, and prior to 08.11.2023, the account balance was nil. Upon examination, the statement becomes significant from 19.11.2023, when it was observed that the account exhibited unusually frequent transactions Accordingly offence under above mentioned Sections has been registered against unknown persons and during course of investigation and the Present Applicant has been arrested. Hence, this application.
3.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case, and there is no evidence on record to prove that the applicant is involved in the online fraud. It is further submitted that the allegations are based entirely on the false allegations, and no directed evidence connects the applicant to the alleged crime. It is further submitted that there is no any previous criminal antecedents of the applicant, and the applicant is in jail since
3 26.03.2025, and the trial is likely to take quite long time, hence, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the prayer for grant of bail to the applicant and submitted that it transpires that allegation against the present applicant is that a cyber-crime was registered by the Cyber Police, Raipur, after it was found that Bank Account No. 309023478569, held by the applicant with RBL Bank, Raipur (IFSC: RATN0000389), had received suspicious deposits totalling Rs. 2,44,16,866/-. The account, opened in the applicant’s name on 08.12.2023 and linked with mobile number 6263930182, reflected unusually frequent transactions beginning 19.11.2023 despite having a nil balance earlier. A transaction of Rs.1,50,059/- made on 02.03.2024 led to an online complaint. The said IFSC code was also found connected with 45 suspicious accounts. In Cyber Case No. 214042400002418, filed by complainant Najima and others, the applicant’s account statement for the relevant period was obtained, and during investigation the applicant was arrested based on these incriminating financial activities. So far as the co-accused persons are concerned, their bail applications have already been rejected by this Court vide order dated 17.09.2025 passed in MCRC Nos. 6376/2025, 6895/2025 and 6576/2025. Therefore, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 4
6. In compliance of the Court’s order dated 07.11.2025, the Senior Superintendent of Police, Raipur, District – Raipur (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under:
“1.
That, I am posted as the Senior Superintendent of Police, Raipur, District Raipur (C.G.) and duly authorized to swear this affidavit on behalf of the Non Applicant/State in compliance of the Hon'ble Court's order dated 07.11.2025 and as such fully conversant with the facts of the case. 2. That, the subject case came up for hearing before the Hon'ble Court on 07.11.2025 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, 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 and by filling the information of mobile numbers and bank accounts used in cyber fraud. 4. That, the Ministry of Home Affairs, Government of India has established a Cyber Crime Reporting Portal to prevent cyber crime in India. Victims of cyber crime can report online by detailing their cyber fraud, including the mobile number and bank account used in the fraud. These are the bank accounts used by cyber crime offenders to launder fraud proceeds. 5. That, as per the instruction received from the higher authorities, the information related to the such mobile SIM numbers which have been used for obtaining illegal money through cyber fraud, was collected from the Coordination Portal of Indian Cyber Crime Coordination Centre operated
5 by the Ministry of Home Affairs, Government of India, which is a comprehensive guide for sharing information of cyber crime for investigation purpose to the Police. 6.
That, on the basis of the information received from the Cyber Crime Reporting Portal Coordination, there are 54 bank accounts have been opened by the accused persons which have been used to receive the money of cyber fraud. 7. That, the complainant Nazima and four other persons have registered online report regarding the online cyber fraud of Rs. 1,50,059/- and the account has been found to be used to receive money for online cyber fraud and for illegal activities, hence, the crime was registered against the different mule bank account holders and the investigation was taken into investigation. The details of the five complaints regarding online financial/cyber fraud received from the various States of the country, are as under: - S. No. Acknowledegment Number State District Police Station
1. 21404240002418 Jammu & Kashmir Srinagar Safakadal
2. 31102240025646 Gujarat Ahmedabad City Vadaj
3. 31912230080329 Maharashtra Nashik City Mhasrul
4. 32703240014853 Rajasthan Kota City Mahaveer Nagar
5. 33405240004352 Jharkhand Bokaro Chas
8. That, during the investigation, the aforesaid bank account holders have been arrested and after completing the investigation, the charge sheet has been filed against the accused persons including the present accused applicant. 9. That, initially, the FIR was registered before the Police Station Tikarapara, Raipur, District Raipur thereafter, the investigation has been carried out by the Police Station Range Cyber, Raipur. 10.
That, on the basis of the information received from the Cyber Crime Reporting Portal Coordination, there are 54 bank accounts of Ratnakar Bank Limited (RBL), Branch at Raipur have been opened, which were being used for receiving the money of cyber fraud, therefore, the details of the aforesaid bank accounts have been sent to the Police Station Tikarapara, Raipur for further necessary action and accordingly, the FIR under Crime No. 229/2025 has been registered against the aforesaid bank account holders for the offence punishable under aforesaid Sections of the BNS,
6 2023 and the same was forwarded to the Police Station Range Cyber, Raipur for further necessary investigation in the matter. Thereafter, the details of aforesaid bank account holders, their linked registered mobile numbers, KYC and other relevant information have been obtained from the concerned Bank and the matter was taken into investigation. 11. That, during the course of investigation, it was found that, the Bank Account Number of Ratnakar Bank Limited (RBL) 309023478569 is found to be name of the present accused applicant Johan Tandi in which, the mobile number 6263930182 is linked and registered in which, in a very short period i.e. from 08.11.2023 to 02.03.2024, an amount of cyber fraud amounting to the tune of Rs. 2,44,16,866/- has been deposited by the accused persons. 12. That, in the course of investigation of the case, regarding financial withdrawal, a notice under Section 35 (3) of the BNSS, 2023 was issued to the present accused applicant for satisfactory reply, but after summoning him, on separate questioning of the accused, he has categorically deposed in his memorandum statement that, one accused namely Arush Deep Mobile Number 9691415115 was working with him in Pandari Cloth Market Raipur, who told him that, if he opens a bank account in RBL Bank and gives the same to him, then he will give Rs. 5000 in exchange.
5000 in exchange. It was further told by him that, after opening the same, give the same to him alongwith the Bank KIT in which, the money from online fraud will receive and accordingly, the online transactions will be made. Thereafter, he further deposed that, the present accused applicant has opened a bank account in RBL Bank and has given the same to the accused Arush Deep alongwith the Bank KIT, Passbook, ATM Card and registered mobile number (SIM) and has received Rs. 5000 in exchange. Thereafter, a notice under Section 94 of the BNSS, 2023 was issued to him regarding unusual financial transactions in the aforesaid bank account, but due to non cooperating as expected in the investigation, tampering with the evidence and to ensure regular presence before the Court, the present accused applicant was arrested on
26.03.2025. 13. That, the present accused Applicant has been arrested by the police of Police Station Civil Lines, Raipur on 26.03.2025; in connection with Crime No. 229/2025, registered at Police Station Range Cyber, Raipur, District
7 Raipur (C.G.) against the accused Applicant and other accused persons for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 111 (3) and 3 (5) of the Bhartiya Nyay Sanhita, 2023. 14. That, during investigation, it was revealed that, the present accused applicant has opened the aforesaid bank account on 08.11.2023 at Ratnakar Bank Limited (RBL) at Raipur Branch and has given his aforesaid bank passbook, ATM and Bank Kit to one accused namely Arush Deep and has received Rs. 5000/- as commission from him. That, the total credit in the said bank account is Rs. 2,44, 16,866/-. 15. 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. 16. 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. 17.
That, the contents of the attached Affidavit at Paragraphs No. 01 to 16, 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. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the present accused applicant knowingly facilitated the commission of large-scale cyber fraud by opening RBL Bank Account No. 309023478569, handing over its passbook, ATM card, bank kit, and registered mobile SIM to co-accused Arush Deep for illegal use, and accepting commission in return. The said account was subsequently used as a mule account for receiving fraudulent deposits amounting to Rs. 2,44,16,866/- within a short span of time, forming part of an organized network operating 54 mule bank accounts
8 used for cyber cheating across multiple States, including the reported fraud of Rs. 1,50,059/- suffered by complainant Nazima and others. Taking into consideration the gravity of the offence, the enormous defrauded amount, the ongoing investigation and the clear possibility that the applicant may abscond, influence witnesses, or re-engage in similar criminal activities if released on bail. So far as the co-accused persons are concerned, their bail applications have already been rejected by this Court vide order dated 17.09.2025 passed in MCRC Nos. 6376/2025, 6895/2025 and 6576/2025, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this first bail application of applicant – Johan Tandi, involved in Crime No. 229/2025, registered at Police Station – Cyber Cell Headquarter, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the BNS, is rejected at this stage. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. 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 Rajshekhar