1 2025:CGHC:60045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10168 of 2025 Ayush Kumar Sahu S/o Heeralal Sahu Aged About 23 Years R/o- Kailashpur, Post- Devnagar, District- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O., P.S.- Balrampur District- Balrampur-Ramanujganj, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pawan Shrivastava, Advocate For Respondent(s) : Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.41/2025 registered at Police Station- Balrampur, District- Balrampur- Ramanujganj, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2)(A), 338, 339, 340, 341 of the BNS. 2 2. The prosecution story in brief, is that, certain unidentified persons were allegedly involved in an online fraud racket operating through the Telegram application and had utilized various bank accounts for the purpose of illegal money transfers. During investigation, two bank accounts, one with the State Bank of India (A/c No. 4289416260845) and another with Canara Bank (A/c No. 110174902620) were allegedly found to be linked with co-accused Prasant Singh, which had received several suspicious transactions. Similarly, co-accused Nandan Rajak, Abhishek Jaiswal, Sukhdev Sahu, and Nitesh Puri were also found to be maintaining multiple bank accounts wherein suspicious deposits and transfers were detected, and it is alleged that they had knowingly permitted the use of their accounts for such fraudulent activities. On the basis of these findings, an offence relating to cyber fraud was registered against the co-accused persons, who were subsequently arrested. Thereafter, during further investigation, and solely on the basis of the memorandum of the co-accused recorded under Section 27 of the Evidence Act, the present applicant has also been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as he has never committed any of the offences alleged against him and no amount has ever been received in his bank account. It is 3 further submitted that the charge-sheet has already been filed and there is no direct evidence to indicate the applicant’s involvement in the commission of the alleged crime. All the offences are triable by the learned J.M.F.C., and the trial is likely to take considerable time for its final disposal. The applicant, aged about 23 years, has been in custody since 23.04.2025 and was supposed to take admission in college, but due to his prolonged incarceration in this false case, his academic future stands seriously jeopardized. Considering that the investigation is complete, the charge-sheet is filed, the offences are triable by J.M.F.C., and the applicant has already undergone substantial detention, it is prayed that the applicant may kindly be released on bail. 4. On the other hand, learned Deputy Advocate General for the State opposes the bail applications and submits that bail applications of co-accused, namely, Prashant Singh, Abhishek Jaiswal, Nandan Kumar Rajak, Sukhdev Sahu and Nitesh Puri have already been rejected by this Court vide order dated 19.02.2025 in MCRC No. 4086/2025, MCRC No. 6302/2025, MCRC No. 6170/2025 and MCRC No. 6179/2025, hence the present bail application is also liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the nature and gravity of the offence and the fact that the applicant was involved in the cyber-fraud 4 activities by allegedly allowing or facilitating the use of his bank account(s) for receiving and transferring fraudulent funds, his name surfaced only during the investigation based on the memorandum statements of co-accused recorded under Section 27 of the Evidence Act, further considering the fact that the bail applications of co-accused, namely, Prashant Singh, Abhishek Jaiswal, Nandan Kumar Rajak, Sukhdev Sahu and Nitesh Puri have already been rejected by this Court vide order dated 19.02.2025 in MCRC No. 4086/2025, MCRC No. 6302/2025, MCRC No. 6170/2025 and MCRC No. 6179/2025, it would not be justified to grant regular bail to the applicant. 7. 7. Therefore, the bail application filed by the applicant/accused – Ayush Kumar Sahu involved in Crime No.41/2025 registered at Police Station- Balrampur, District- Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2)(A), 338, 339, 340, 341 of the BNS for grant of regular bail to the applicant, is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. 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 Akhil