1 2025:CGHC:51750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8344 of 2025 1 - Gandhi Sande S/o Nilkanth Sande Aged About 24 Years (Wrongly Mentioned As Nilkant Sande), R/o Baderabeli, P.S. Malkharauda, Distt. Sakti, Chhattisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Chakradhar Nagar, Raigarh, Distt. Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Paras Mani Shrivas, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 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. 58/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that, on the date of the incident. the complainant along with several investors deposited a total amount of Rs.1,52,50,000/- in various banks located in the Raigarh District. This amount was deposited in the name of a mutual account based on the SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 assurance given by the accused persons. However, the accused failed to disburse the said amount to the intended beneficiaries, thereby committing a breach of trust and misappropriation of the funds. Acting on the complaint, the police registered a case under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the Bhartiya Nyay Sanhita against unknown persons. During the course of investigation, the present applicant was arrested on the basis of a memorandum statement. 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 06.08.2025, therefore this second bail application is filed on the ground that since two of the witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 11.03.2025, 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 charge-sheet has already been filed in the present case. She further submits that present applicant is accused of being involved in a cyber fraud case where multiple mule bank accounts were used to receive and utilize funds obtained through fraudulent means. Investigation revealed that these accounts, including those linked to the accused, had transactions totaling Rs.1,52,50,000/-. Due to his involvement in the unlawful handling and use of money obtained through cyber fraud, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the learned counsel for the applicant, as two of the witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail 3 application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 06.08.2025 in MCRC No. 2978 of 2025 on the ground that present applicant is involved in a cyber fraud case where multiple mule bank accounts were used to receive and utilize funds obtained through fraudulent means. The Investigation revealed that these accounts, including those linked to the accused, had transactions totaling Rs.1,52,50,000/-, which indicates prima facie involvement of the applicant in unlawful handling and use of money obtained through cyber fraud, further there appears to be no good ground to entertain the present bail application. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant – Gandhi Sande, involved in Crime No. 58/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Section 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. 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 Dey