1 2025:CGHC:60100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8868 of 2025 Mohammad Aktar S/o Akbar Ali Aged About 23 Years R/o Amanaka, Beside Hotel City Pride, Afroz, Khans House No, P.S. Amanaka, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- P.S. Kumhari, District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 163/2025 registered at Police Station – Kumhari, District- Durg, (C.G.), for the offence punishable under Sections 317(2), 318(4), and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant, Sub- Inspector Yogesh Kumar Verma of Police Station Kumhari, received information through the coordination portal operated by the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Ministry of Home Affairs regarding a mule account linked to Acknowledgement No. 31908250140708. It is alleged that Nisha Behera, wife of Babloo Behera and the holder of SBI Account No. 43115571158, Kumhari Branch, opened the said account by submitting her personal identity documents such as Aadhaar Card, PAN Card, etc. It is further alleged that she knowingly allowed her account to be used for receiving amounts obtained through online cyber fraud, with the intention of earning illegal money and enhancing her assets. An amount of Rs.4,50,002/-, stated to be proceeds of cyber fraud, was deposited in her account and the said fraudulently obtained amount was received by the present applicant. Hence, the present case was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. It is submitted that the FIR was lodged after 17 days of the incident only against the main accused, Nisha Behera, and the name of the applicant does not appear in the FIR. The applicant has been arrayed as an accused solely on the basis of the memorandum of co-accused, which carries no evidentiary value. It is further submitted that the investigation is complete and the challan has already been filed before the learned court below. The main accused, Nisha Behera who had opened the bank account on 03.07.2024 using her own documents and knowingly received the illegal amount in her account, has already been granted bail by the trial court. It is urged that the applicant, who earns his livelihood by 3 running a street food stall, never informed Nisha Behera that his account was closed or that any amount would be deposited in her account, and she has cleverly dragged the applicant into the case to change the story. It is also submitted that the complainant in this case is a police ofÏcer and there is no allegation that the applicant has cheated any person, nor has he received any amount related to the alleged offence. He also submits that the present applicant is in jail since 29.08.2025 and conclusion of the trial is likely to take considerable time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel on the basis of the personal afÏdavit filed by the Investigating OfÏcer pursuant to the directions of this Hon’ble Court dated 07.11.2025, vehemently opposes the bail application and submits that during investigation substantial material has been collected against the applicant. It is submitted that the Cyber Crime Reporting Portal of the Ministry of Home Affairs, Government of India, forwarded an online complaint (Acknowledgement No. 31908250140708) regarding a cyber fraud of Rs.14,00,000/-, and during verification it was found that Rs.4,50,002/- of the fraud amount was deposited on 08.08.2025 in SBI Account No. 43115571158 held by co-accused Nisha Behera, who knowingly withdrew the entire amount through Cheque No. 359647. The Investigating OfÏcer states that during inquiry, it was revealed that the present applicant, Mohammad Akhtar, is directly linked with the fraudulent transaction; his memorandum was recorded, and he admitted that the fraudulent amount relating to 4 online crypto transactions in Binance App, instead of being transferred to his own account, was routed to the account of Nisha Behera and withdrawn with his active involvement. It is further submitted that CCTV footage of the SBI Kumhari Branch dated 08.08.2025 clearly shows the applicant and co-accused Nisha Behera together at the cash counter withdrawing Rs.4.5 lakhs. The IO has also stated that the applicant’s SIM cards and devices used for facilitating the fraudulent transactions have been seized. It is therefore contended that the applicant is involved in a serious cyber-fraud racket and, if released on bail, there is every likelihood that he will abscond, tamper with evidence, influence witnesses, and may again indulge in similar offences. Hence, considering the gravity of the offence, the collected evidence, and the apprehension of his absconding or re-offending, he is also not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the rival submissions, perused the case diary, and taken note of the personal afÏdavit filed by the Investigating OfÏcer in compliance with this Court’s order dated 07.11.2025, this Court finds that substantial and specific material has emerged against the applicant during the course of investigation. The prosecution has brought on record that the fraudulent amount of Rs.4,50,000/–, which formed part of the cyber-crime reported through the Ministry of Home Affairs Cyber Crime Portal, was 5 diverted and withdrawn through the bank account of co-accused Nisha Behera at the instance of the present applicant. The CCTV footage of SBI Branch Kumhari dated 08.08.2025 prima facie establishes the presence of the applicant along with the co-accused at the cash counter at the time of withdrawal of the said amount. Further, the memorandum statement of the applicant, coupled with the seizure of the mobile phones and SIM cards used for operating the Binance App for crypto-currency transactions, indicates his active role in facilitating the fraudulent transfer and subsequent cash withdrawal of the cyber-crime proceeds. The offence involves a well-planned economic fraud, misuse of bank accounts, and deliberate laundering of cyber-crime proceeds through crypto- currency channels, showing a high degree of sophistication. The Investigating OfÏcer has also specifically stated that if the applicant is released on bail, he is likely to abscond, influence witnesses, tamper with digital evidence, and may again indulge in similar economic offences. Considering the gravity of the cyber-fraud, the nature of electronic evidence collected, the applicant’s prima facie involvement, and the potential impact on ongoing investigation, this Court is of the considered view that the applicant is not entitled to be released on bail at this stage. 7. Accordingly, the bail application of the applicant – Mohammad Aktar, involved in Crime No. 163/2025 registered at Police Station – Kumhari, District- Durg, (C.G.), for the offence punishable under Sections 317(2), 318(4), and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 6 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rahul Dewangan