1 2025:CGHC:60093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8909 of 2025 Nitish Bhardwaj S/o Late Dukaluram Aged About 23 Years R/o Minimata, Talapara, P.S. Civil Lines, Bilaspur, Dist.- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Cyber Range (Civil Line), Bilaspur, Dist. Bilaspur (C.G.) ... Respondent For Applicant : Shri Anchal Kumar Matre, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 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.13/2025 registered at Police Station Cyber Range (Civil Line), Bilaspur, Dist. Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323, 111(4) of BNS (As per final report) 2. Case of the prosecution, in brief, is that complainant Nikhil Naoutiwal GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.12 19:01:13 +0530 2 resident of Samrala Police Station, District Khanna, Punjab has lodged an online complaint in the Cyber Crime Reporting Portal by giving details of the cyber fraud committed with him and by filling the information of mobile numbers and bank accounts used in cyber fraud regarding cyber fraud of Rs.3999/- into the Bank Account number of the present accused applicant vide Bank Account No. 2343110130054542 on 15.08.2024 vide Acknowledgement No. 32508240016015, which have been done by the accused persons by committing organized crime and a total of Rs.5,88,718/- has been defrauded and credited into the aforesaid bank account of the accused applicant by defrauding victims from different States of the Country out of which, Rs. 5,87,881/- has been debited from the aforesaid bank account. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and is, in fact, the victim whose documents and personal details were misused by the actual offenders. It is argued that the applicant had no knowledge of the alleged offence and came to know of the matter only upon being called by the police, after which he fully cooperated throughout the investigation. He would submit that the applicant has not gained any undue benefit from the alleged incident. He would submit that the charge sheet has been filed, the applicant is in jail since 05/07/2025 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 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 07/11/2025 3 concerned Investigating Officer has filed his personal affidavit wherein it is stated that (i) the complainant Nikhil Naoutiwal resident of Samrala Police Station, District Khanna, Punjab has lodged an online complaint in the Cyber Crime Reporting Portal by giving details of the cyber fraud committed with him and by filling the information of mobile numbers and bank accounts used in cyber fraud regarding cyber fraud of Rs.3999/- into the Bank Account number of the present accused applicant vide Bank Account No. 2343110130054542 on 15.08.2024 vide Acknowledgement No. 32508240016015, which have been done by the accused persons by committing organized crime and a total of Rs.5,88,718/- has been defrauded and credited into the aforesaid bank account of the accused applicant by defrauding victims from different States of the Country out of which, Rs. 5,87,881/- has been debited from the aforesaid bank account (ii) during investigation, it was revealed that, between 25.06.2024 to 31.03.2025, the present accused applicant has transferred the money of cyber crime and has defrauded the total amount of Rs. 5,88,718/- into his aforesaid bank account number which has been used by the account holder and the user by hatching a criminal conspiracy and transferring the stolen property from the accounts of the victims without their consent by offering various inducements. The account holders were found to be using their accounts Mule with the intention of causing wrongful loss to the victims and taking wrongful benefits of the cheated money for themselves. It was found that, the account holders were deliberately misusing their accounts cheating the innocent persons for the purpose of committing fraud and dishonesty and helping in concealing the assets. The money obtained by the victims through cyber fraud was found to be used by 4 the holders for their own use through conspiracy (iii) during investigation, it was revealed that, the arrested accused Rajesh Kumar Lahare @ Karan Lahare and his accomplice, absconding accused Shahil @ Aftab, resident of Talapara, Bilaspur, used to carry out the fraud by acquiring bank accounts on rent by making acquaintances with people around them. The accused persons contacted the people nearby to transfer the amount of cyber fraud and opened bank accounts by paying different amounts ranging from Rs. 5000/- to Rs. 10000/- per bank account and gets it opened (iv) to obtain as many mule accounts as possible, cyber fraudsters contact unemployed youth in their local area and lure them with the promise of work from home, thus purchasing as many accounts as possible from them. The absconding accused Shahil @ Aftab himself offers to buy mobile phones and other electronic goods online. In order to cheat people, he lures them with money and gets their bank accounts opened and then gets the cheated amount deposited in the bank accounts. Apart from this, the Crime No. 12, 14, 15 and 16/2025 have been registered against him at Police Station Range Cyber, Bilaspur for the offence punishable under Sections 61 (2), 317 (5), 318 (4), 323 and 11 (4) of the BNS, 2023, (v) a total of 924 conversations have taken place between the SIM Number 8823004124linked to the bank account of the present accused applicant in Ujjivan Small Finance Bank, Bilaspur vide Bank Account Number 2343110130054542 and the mobile number 7999571022 of the accused Shahil @ Aftab,(vi) a total of 92 conversations have taken place between the SIM Number 8823004124 linked to the bank account of the present accused applicant in Ujjivan Small Finance Bank, Bilaspur vide Bank Account Number 5 2343110130054542 and the mobile number 7803024150 of the accused Rajesh Kumar Lahare @ Karan Lahare (vii) the total amount of Rs. 5,88,718/- has been credited into the aforesaid bank account of the present accused applicant and a total amount of Rs. 5,87,881/- has been debited from the aforesaid bank account of the present accused applicant during the aforesaid period. Learned State counsel would submit that considering the allegations against the applicant, he is not entitled to be released 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, further considering the fact that the applicant’s bank account was used for receiving and transferring proceeds of cyber fraud amounting to Rs.5,88,718/-, of which Rs.5,87,881/- was withdrawn, applicant’s account was used as part of an organized cyber-crime operation involving multiple victims across different States, further investigation suggests that the applicant, in conspiracy with co-accused Rajesh Kumar Lahare @ Karan Lahare and absconding accused Shahil @ Aftab, allowed his bank account to function as a mule account for transferring cheated money, the applicant knowingly permitted the misuse of his bank account for receiving stolen money, thereby facilitating the concealment and transfer of fraud proceeds, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant Nitish Bhardwaj involved in Crime No.13/2025 registered at Police Station Cyber Range (Civil 6 Line), Bilaspur, Dist. Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323, 111(4) of BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri