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2025 DAILYLAW 55702 (CHH)

BAJJU SHARMA v. STATE OF CHHATTISGARH

MCRC/8993/2025 · 2025-12-14

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Judgment text

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1 2025:CGHC:61040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8987 of 2025 Ritik Sharma S/o Anil Sharma Aged About 25 Years R/o Bajrang Chouck Ward No. 12, Tilda, District Raipur C.G. --- Applicant(s) versus State Of Chhattisgarh Through Police Station- Cyber Police Station Range/civil Line Raipur, District Raipur C.G.(This Case Is Investigated By Cyber Cell Raipur And F.I.R. Is Registered In Civil Line P.S. Raipur C.G.) --- Respondent(s) For Applicant(s) : Mr. Rohitashva Singh, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. MCRC No. 9102 of 2025 Suryakant Tiwari S/o Ramtaran Tiwari Aged About 27 Years R/o House No.431, Ward No.44, Old Kashiram Nagar, Telibandha, Dist- Raipur (C.G.) (Name And Details Mentioned Of Applicant As Per Order Sheet) ---Applicant(s) Versus State Of Chhattisgarh Through- Station House Officer (Sho) P.S. Cyber Thana Range, Dist- Raipur (C.G.) --- Respondent(s) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 For Applicant(s) : Mr. Devershi Thakur, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. MCRC No. 8993 of 2025 Bajju Sharma S/o Sharad Sharma Aged About 25 Years Permanent Address Dindayal Ward No. 16, Tilda Newra Raipur District Raipur Chhattisgarh Present Address Near Radhakrishan Temple, In Front Of Ankit Kirana Shop, Station Road, Baiya Para, Tilda Police Station Tilda Newra, District Raipur Chhattisgarh (Applicant Name Is Wrongly Mentioned In Page No. 21 As Ravi Kumar Dhruw In Annexure A/1) ---Applicant(s) Versus State Of Chhattisgarh Through Police Station Cyber Police Station, Range Raipur District Raipur Chhattisgarh (This Case Is Investigated By Cyber Cell Raipur And F.I.R. Is Registered In P.S. Civil Line Distt. Raipur Chhattisgarh) --- Respondent(s) For Applicant(s) : Mr. Rohitshva Singh, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. MCRC No. 9373 of 2025 Dhirendra Nirmalkar S/o Mahesh Nirmalkar Aged About 22 Years R/o 95/195, Guru Gobind Singh Dhobipara, Pandri Raipur District Raipur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through - P.S. Civil Line, District Raipur (C.G.) --- Respondent(s) For Applicant(s) : Mr. Bharatlal Dembra, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. 3 MCRC No. 9109 of 2025 Nikhil Aahuja S/o Suresh Kumar Aahuja Aged About 35 Years R/o - New Rajendra Nagar Quarter No. 226, P.S. New Rajendra Nagar, District Raipur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Police Station Civil Lines District Raipur (C.G.) --- Respondent(s) For Applicant(s) : Mr. F.S. Khare, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. Since the above bail applications are arising out of same crime number and same offence so they are being heard and decided by this common order. 2. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.129/2025 registered at Police Station- Cyber Range, Civil Lines, Raipur, District- Raipur (C.G.) for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS. 3. As per the prosecution case, all the applicants/accused persons are alleged to be involved in a large-scale organized cyber crime syndicate. During investigation, it surfaced that the accused 4 persons, in connivance with other co-accused, opened and operated multiple bank accounts (mule accounts) in different names for the purpose of receiving, layering, and siphoning off proceeds of cyber fraud. These accounts were allegedly used for transferring huge amounts of money obtained through online cyber cheating of innocent victims across different places. The investigation reveals that suspicious and abnormal financial transactions were carried out through these bank accounts in a patterned manner, involving frequent credits and immediate withdrawals within short intervals. The total amount involved in the cyber fraud is approximately Rs.64,10,855/-. Memorandum statements of co-accused and scrutiny of bank account statements prima facie indicate that the applicants facilitated the maintenance, operation, and circulation of fraudulently obtained money, thereby voluntarily assisting in dealing with stolen property generated from cyber fraud. The prosecution further alleges that the offences committed by the applicants fall under Sections 317(2), 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, constituting serious economic offences committed through an organized crime syndicate. Hence these bail applications. 4. Learned counsel for the applicants submit that the applicants are wholly innocent and have been falsely implicated in the present matter without any cogent material linking him to the alleged 5 offence. It is submitted that the entire prosecution case is fabricated, baseless and founded on incorrect facts allegedly manufactured by the investigating agency, and no substantive evidence exists to establish the applicant’s involvement. The applicant- Ritik Sharma was arrested on 21.05.2025, applicant- Nikhil Aahuja was arrested on 23.03.2025, applicant- Suryakant Tiwari was arrested on 26.03.2025, applicant- Bajju Sharma was arrested on 21.05.2025 and applicant- Dhirendra Nirmalkar was arrested on 27.03.2025 by Cyber Cell Headquarters, Raipur for offences under Sections 111, 317(2), 317(4), 317(5) and 3(5) of the BNS and were remanded to judicial custody, despite the fact that the investigation has been completed and the charge-sheet has already been filed. Thus, their further custodial interrogation is not required and continued incarceration would serve no useful purpose. 5. It is further submitted that co-accused persons, namely Ishika Singh and Sanjay Makhija, have already been granted bail by the Hon’ble Supreme Court in Criminal Appeal Nos. 4494/2025 and 4495/2025 vide order dated 13.10.2025, and therefore, the applicants also deserves bail on the ground of parity. They lastly submit that applicants have no prior criminal antecedents registered against them, however, applicant- Nikhil Ahuja had one pervious criminal antecedent, in which, he has already been acquitted and the same has been explained in para 4(A) of his bail application. They altogether submits that the charge-sheet 6 has already been filed, while the trial is likely to take considerable time given the nature of the financial data, multiple accused persons, and cyber-investigation involved hence, they pray for grant of bail to the applicants. 6. On the other hand, learned State counsel opposes the application and submits that as per the report received from the Cyber Crime Branch, the present case pertains to a large-scale cyber fraud operation involving mule bank accounts created for the purpose of receiving and routing proceeds of cybercrime. Information received through the National Cyber Crime Reporting Portal revealed that 128 mule bank accounts were opened in various branches of Bank of Maharashtra, Raipur, used by cyber- criminals to receive fraudulent proceeds. Acting upon the information from the portal, as well as instructions from Police Headquarters, Crime No. 129/2025 was registered and transferred to Range Cyber Police Station for investigation. During investigation, KYC details and transaction data of the implicated accounts were obtained. 7. She further submits that in compliance of Court’s order, the Investigation Officer has filed his personal affidavit showing the evidence collected during the court of investigation against the applicants. 8. So far as applicant- Ritik Sharma is concerned, perusal of the affidavit goes to show that during the course of investigation it 7 was revealed that the present accused Ritik Sharma was actively involved in the operation, purchase and sale of mule bank accounts used for laundering proceeds of cyber fraud, and that the bank account bearing No. 60486847875 of Bank of Maharashtra, Branch Raipur, originally opened in the name of co- accused Ravi Kumar Dhruw on 26.04.2024 and linked with Mobile No. 9993347683, was ultimately found to be operated and maintained by the accused Ritik Sharma, Mobile No. 8982828241. The said bank account had received suspicious and unusual financial transactions amounting to approximately Rs.58,41,876/- (with total credit of Rs. 47,02,849/- and total debit of Rs. 46,94,420/-) within a short span of time, including an amount of Rs. 1,833/- credited on 25.04.2024 as reported by complainant Ramkali Jatav in the Cyber Crime Reporting Portal. During inquiry under Sections 35(3) and 94 of the BNSS, 2023, the chain of custody of the said bank account was established wherein Ravi Kumar Dhruw admitted to handing over the account for a commission of Rs. 5,000/- to co-accused Sheikh Shoab, who in turn transferred the same to Bajju Sharma, and thereafter the said Bajju Sharma sold and delivered the bank account to the present accused Ritik Sharma In his memorandum statement, the accused Ritik Sharma categorically admitted that he used to procure bank accounts at the rate of Rs. 12,000/- to Rs. 13,000/- per account through Bajju Sharma and thereafter sold such accounts to co-accused Nikhil Gyanchandani for further illegal 8 use. The accused Ritik Sharma failed to cooperate with the investigation, attempted to evade satisfactory explanation of the financial transactions and was found to be involved in tampering with evidence, thereby necessitating his arrest on 21.05.2025. 9. So far as applicant- Bajju Sharma is concerned, perusal of the affidavit goes to show that during the course of investigation it was revealed that the accused Bajju Sharma played a pivotal and intermediary role in the organised syndicate involved in the procurement, transfer and circulation of mule bank accounts used for laundering the proceeds of cyber fraud, inasmuch as the bank account bearing No. 60486847875 of Bank of Maharashtra, Branch Raipur, originally opened on 26.04.2024 in the name of co-accused Ravi Kumar Dhruv and linked with Mobile No. 9993347683, was handed over by Ravi Kumar Dhruv to co- accused Sheikh Shoab for a commission of Rs. 5,000/-, and thereafter the said Sheikh Shoab transferred and sold the said bank account to the accused Bajju Sharma, who knowingly received and retained the said account despite being aware of its intended illegal use In his memorandum statement, the accused Bajju Sharma categorically admitted that his cousin Shaleen Sharma, Mobile No. 8871673456, resident of Baloda Bazar, had introduced him to accused Sheikh Shoab, and that Sheikh Shoab used to supply him mule bank accounts opened in the names of members of the general public, for which the accused Bajju Sharma used to pay approximately Rs. 10,000/- per account. The 9 accused Bajju Sharma further admitted that after receiving such bank accounts, he would pass on and sell the same to his brother, accused Ritik Sharma, for a higher consideration of about Rs. 12,000/- per account, thereby acting as a crucial link between the account suppliers and the end users of the mule accounts. The investigation established that huge and suspicious financial transactions amounting to Rs. 58,41,876/- were routed through the said bank account within a short span of time, including a fraudulent transaction of Rs. 1,833/- reported by complainant Ramkali Jatav through the Cyber Crime Reporting Portal, clearly indicating the organised and systematic nature of the illegal activity. Despite issuance of notice under Section 94 of the BNSS, 2023, the accused Bajju Sharma failed to provide satisfactory explanation regarding the unusual transactions and did not cooperate with the investigation, and in view of his conscious and active participation in the organised cyber crime network involving mule bank accounts, he was arrested on 21.05.2025. 10. So far as applicant Dhirendra Nirmalkar is concerned, perusal of the affidavit goes to show that during the course of investigation arising out of Crime No. 129/2025 registered at Police Station Range Cyber, Raipur, it was revealed that the present accused applicant- Dhirendra Kumar Nirmalkar is a mule bank account holder who knowingly allowed his Bank of Maharashtra, Raipur Branch account bearing No. 60482147061, linked with mobile number 9109850907, to be used for laundering proceeds of cyber 10 fraud. As per the information received from the Cyber Crime Reporting Portal and the Indian Cyber Crime Coordination Centre, an amount of Rs.1,48,08,891/- was fraudulently credited into the said account between 03.01.2024 and 10.11.2024 and Rs.1,47,88,819/- was subsequently withdrawn within a short span, reflecting abnormal and suspicious financial activity. Multiple online complaints from different States, including Delhi, Maharashtra, Rajasthan, and Kerala, were registered against the said account for online financial fraud. In his memorandum statement, the accused admitted that on the inducement of co- accused Deepak Mahanand, he opened the bank account for a consideration of Rs.5,000/- and handed over the account kit, enabling its operation and maintenance by the co-accused for cyber crime activities. The involvement of the accused is further corroborated by complaints lodged on the Cyber Crime Portal and transaction patterns indicative of organized cyber fraud. Accordingly, the accused was arrested on 27.03.2025. 11. So far as applicant- Suryakant Tiwari is concerned, perusal of the affidavit goes to show that during the course of investigation, it was revealed that the present accused applicant- Suryakant Tiwari, is a mule bank account holder having a Bank of Maharashtra account at Raipur Branch bearing Account No. 60482900775, which is linked with mobile number 9111846895. It was found that within a short span of time, an amount of Rs.10,33,741/- was credited into the said bank account from the 11 date of its opening on 06.03.2024, and an amount of Rs.9,88,526/- was debited therefrom till 31.03.2024. Further investigation disclosed that the accused Suryakant Tiwari had sold the said bank account to co-accused Nikhil Ahuja for a consideration of Rs.5,000/-. The said bank account has been found to be involved in multiple online cyber fraud complaints registered on the Cyber Crime Reporting Portal/1930, thereby establishing its use for illegal financial transactions connected with cyber crime. Accordingly, he was arrested on 26.03.2025 12. So far as applicant- Nikhil Aahuja is concerned, perusal of the affidavit goes to show that, during the course of investigation it was found that multiple bank accounts of Bank of Maharashtra, Branch Raipur were being used for receiving fraud proceeds, including Bank Account No. 60486410187 opened in the name of co-accused Bharat Parihar and linked with Mobile No. 7470400513, through which suspicious transactions amounting to Rs. 61,11,340/- were routed within a short span of time. The said accused Bharat Parihar categorically stated in his memorandum statement that co-accused Bhupendra Singh Dhunna @ Captain Singh induced him to hand over his bank account KIT for a commission of Rs. 5,000/-, and thereafter, Bhupendra Singh Dhunna @ Captain Singh in his memorandum statement disclosed that it was the present accused applicant- Nikhil Aahuja, Mobile No. 9827135214, who instructed him to arrange bank accounts and promised to pay Rs. 15,000/- per account, 12 pursuant to which the bank account KIT of Bharat Parihar was procured and handed over to the accused Nikhil Ahuja. Further, investigation revealed that another co-accused Suryakant Tiwari sold his Bank Account No. 60482900775 to the accused Nikhil Ahuja for Rs.5,000/-, which account was also found to be involved in online financial fraud cases registered on the Cyber Crime Reporting Portal bearing Acknowledgement Nos. 20803240019609 and 31103240044601 pertaining to States of Delhi and Gujarat respectively. In his own memorandum statement, the accused Nikhil Ahuja admitted that he directed Bhupendra Singh Dhunna @ Captain Singh to supply bank accounts and that he received Bank of Maharashtra Account No. 60486410187 of Bharat Parihar and Utkarsh Small Finance Bank Account No. 1400019981006700 of Deepak Kapoor, which he further handed over to one Sanjay Jaswani for a total consideration of Rs. 40,000/-, out of which Rs. 30,000/- was paid to Bhupendra Singh Dhunna and the remaining amount was retained by him, and he further admitted to supplying Bank Account No. 60482900775 of Suryakant Tiwari to Sanjay Jaswani for a commission of Rs. 20,000/-. The aforesaid facts establish that the accused Nikhil Ahuja was knowingly and consciously engaged in organised cyber crime by facilitating, monetising and circulating mule bank accounts for illegal financial transactions, and due to his non-cooperation and the gravity of the offences, he was arrested on 23.03.2025. 13 13. The learned State counsel further submit that the bail applications of the identically situated co-accused persons, namely, Shivkumar Nirmalkar, Sahil Jethwani, Anju Kumari, Rajesh Mandhani, Jyoti Mishra, Sanjay Jaswani and Rohit Kasturiya have already been rejected by this Court vide orders dated 25.06.2025, 26.06.2025, 08.07.2025, 31.10.2025, 31.10.2025, 17.11.2025, 17.11.2025 in MCRC Nos. 4856/2025, 4906/2025, 5248/2025, 8661/2025, 8633/2025, 8228/2025 and 9209/2025. So far as co-accused, namely, Ishika Singh and Sanjay Makhija, who have been granted bail by the Hon’ble Supreme Court in Criminal Appeal Nos. 4494/2025 and 4495/2025 vide order dated 13.10.2025 are concerned, a meager amount of Rs.8000/- has been credited into his account and as such, the case of the present applicants are completely distinguishable from that of the co-accused who have been granted bail. 14. The learned State counsel lastly submits that in view of the aforesaid facts and circumstances of the case, the nature and gravity of the offences, the organised manner in which the applicants were involved in cyber fraud and mule bank account operations, the huge amount of fraudulently transacted money, and considering the likelihood of the applicants influencing witnesses, tampering with evidence and hampering the ongoing investigation, the present bail applications filed by all the applicants are liable to be rejected. 15. I have heard learned counsel for the parties and perused the 14 case diary. 16. Considered the submissions advanced by learned counsel for the parties, the material on record, and the report of the Cyber Crime Branch, it transpires that the offences investigated are serious in nature involving alleged large-scale cyber-fraud and the use of multiple “mule” bank accounts across States to receive and launder proceeds of fraud. As per the material placed on record, information received through the National Cyber Crime Reporting Portal indicated that as many as 128 mule bank accounts were opened across various branches of Bank of Maharashtra, Raipur, which were being utilised by cyber fraudsters for receiving illegal funds. Upon receipt of the said information and further directions from the Police Headquarters, Crime No. 129/2025 was registered and transferred to Range Cyber Police Station for specialised cyber investigation. The role attributed to each of the present applicants is specific, active and interlinked, supported by bank records, KYC documents, transaction statements, cyber- crime complaints and memorandum statements of the accused and co-accused persons. The materials on record prima facie establish that the applicants were not mere account holders but were knowingly and consciously involved in an organised syndicate facilitating cyber fraud by monetizing and circulating mule bank accounts, thereby enabling large-scale illegal financial transactions. 17. This Court further finds that the total fraud amount involved in the 15 bank accounts connected with the present applicants runs into several crores of rupees, including transactions of Rs.1,48,08,891/-, Rs.61,11,340/-, Rs.58,41,876/-, Rs.10,33,741/- and other substantial amounts routed through different accounts within a short span of time, clearly reflecting the gravity and magnitude of the offence. The abnormal transaction patterns, multiple complaints registered from different States and the organised chain of accused persons demonstrate serious economic offences having wide societal impact. 18. It is also noted that the bail applications of similarly-situated co- accused persons, namely, Shivkumar Nirmalkar, Sahil Jethwani, Anju Kumari, Rajesh mandhani, Jyoti Mishra, Sanjay Jaswani and Rohit kasturiya have already been rejected by this Court vide orders dated 25.06.2025, 26.06.2025, 08.07.2025, 31.10.2025, 31.10.2025, 17.11.2025, 17.11.2025 in MCRC Nos. 4856/2025, 4906/2025, 5248/2025, 8661/2025, 8633/2025, 8228/2025 and 9209/2025 respectively. The present applicants case stands on an even graver footing than that of co-accused Ishika Singh and Sanjay Makhija, who have been granted bail by the Hon’ble Supreme Court in Criminal Appeal Nos. 4494/2025 and 4495/2025 vide order dated 13.10.2025, as only Rs. 8,000/- was found credited in his account, whereas the present applicants accounts reflects transaction volume exceeding crores of rupees. In view of the magnitude of the financial quantum involved, the organised manner of commission of the cyber-financial offence, 16 interstate ramifications, non-cooperation and conduct of the applicants during investigation, and the reasonable apprehension that release of the applicants may result in tampering with electronic evidence and adversely affecting the ongoing investigation, this Court does not find it to be a fit case for grant of bail at this juncture. 19. Accordingly, the first bail application of the applicants- Ritik Sharma, Nikhil Ahuja, Dhirendra Nirmalkar, Suryakant Tiwari and Bajju Sharma, involved in Crime No.129/2025 registered at Police Station- Cyber Range, Civil Lines, Raipur, District- Raipur (C.G.) for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, is rejected at this stage. 20. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 21. 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 Kunal