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2025 DAILYLAW 55834 (CHH)

ANIL DEWANGAN v. STATE OF CHHATTISGARH

MCRC/9218/2025 · 2025-12-09

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1 2025:CGHC:60070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9218 of 2025 Anil Dewangan S/o Narayan Dewangan Aged About 48 Years Resident Of Sector-10 Kamal Vihar Near Krishna Public School Raipur Chhattisgarh At Present Address Ward No.26, Jalgrih Marg Bhagat Singh Chowk, Adarsh Nagar Marhpara, P.S. Tikrapara, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Tikrapara, Raipur, District – Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Jai Kumar Dewangan and Ms. Dimple Dewangan, Advocates. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 10.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 229/2025, registered at Police Station – Tikrapara, Raipur, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5) and 111 of the BNS. 2. As per the prosecution story in brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the accused persons have opened 54 bank account in the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 name of finance loan and as per allegation made against the applicant bank account issued for receiving amount through cyber cell in which amount of Rs. 1,49,001/- has been transferred on bank account of the Ratnakar Bank Ltd. of the present applicant. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case, and there is no evidence on record to prove that the applicant is involved in the online fraud. It is further submitted that the allegations are based entirely on the false allegations, and no directed evidence connects the applicant to the alleged crime. It is further submitted that there is no any previous criminal antecedents of the applicant, and the applicant is in jail since 22.08.2025, and the trial is likely to take quite long time, hence, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the prayer for grant of bail to the applicant and submitted that it transpires that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the accused persons have opened 54 bank account in the name of finance loan and as per allegation made against the applicant bank account issued for receiving amount through cyber cell in which amount of Rs. 1,49,001/- has been transferred on bank account of the Ratnakar Bank Ltd. of the present applicant. So far as the co-accused persons are concerned, their bail applications have already been rejected by this Court vide order dated 17.09.2025 passed in MCRC Nos. 6376/2025, 6895/2025 and 6576/2025. Therefore, the bail application of the applicant is liable to be rejected. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. In compliance of the Court’s order dated 07.11.2025, the Investigating Officer of the subject Crime Number, Police Station Range Cyber, Raipur, District – Raipur (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under: “ 1. That, I am the Investigating Officer of the subject crime number, Police Station Range Cyber, Raipur, District Raipur (C.G.) and thus, duly authorized to swear this affidavit on behalf of the Non-Applicant in compliance of the Hon'ble Court's order/direction dated 07.11.2025 and as such fully conversant with the facts of the case. 2. That, the subject case came up for hearing before the Hon'ble Court on 07.11.2025 and after hearing of this matter, the Hon'ble Court has been pleased to direct the concerned Investigating Officer to file his personal affidavit disclosing the evidence collected during the course of investigation against the applicant. Therefore, in compliance whereof, the affidavit is being filed before this Hon'ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon'ble Court's order dated 07.11.2025, it is most humbly and respectfully submitted that, the present accused applicant has been arrested on 22.08.2025 by the police of Range Cyber Police, Raipur in connection with Crime No. 229/2025, registered at Police Station Tikrapara, Raipur, District Raipur (C.G.) against the accused applicant and other accused persons for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 111 and 3 (5) of the B.N.S., 2023. 4. That, the Government of India, Ministry of Home Affairs, has created a cyber crime reporting portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them, filling in the information of mobile numbers and bank accounts used in cyber fraud. These are the bank accounts 4 in which, the amount of fraud is used by the cyber accused to receive the amount of fraud. The information was received through cyber crime reporting portal coordination that, 54 bank accounts have been opened in RBL Raipur whose IFSC Code is RATN0000389 (45 Accounts) and IFSC Code RATN0000199 (09 Accounts), out of which, the bank account No. 309025024502 of the present accused applicant and others are being used to receive money from cyber fraud. As per the instructions received from the Police Headquarters, a letter was sent to the Police Station Range Cyber Police Station Raipur for action alongwith the details of the aforesaid incident. 5. That, a Crime No. 229/2025 under aforesaid Sections of the B.N.S. 2023 was registered against the accounts holders of the aforesaid RBL (Ratnakar Bank Limited) at Tikarapara Police Station and sent to the Cyber Range Police Station Raipur for further investigation. During the investigation, the information of the aforesaid Bank account holders and KYC of the registered mobile number and other information were obtained. 6. That, during investigation of the case, it was found that, the present accused applicant Anil Dewangan has been found to have Bank Account No. 309025024502 in RBL, Branch Raipur in the name of the present accused applicant and the Mobile No. 9244901323 is registered with the aforesaid bank account and an amount of Rs. 1,49,001/- has been deposited in the aforesaid bank account of the present accused applicant in fraudulent manner in a very short period of time. 7. That, the complainant namely Sajjad Sagir has made online complaint at Cyber Crime reporting Coordination Portal/1930 vide Acknowledgement No. 20510240035679 on 26.08.2024 regarding online financial fraud of Rs. 28,000/- committed by the accused persons. 8. That, during investigation, the present accused applicant was summoned for selling the bank account and opening the account, receiving the suspicious account kit with him and in relation to the bank accounts operated by him and the transactions therein, notice under Section 35 (3) of the B.N.S.S., 2023 was issued to him for interrogation in relation to the bank accounts operated by him and the transactions therein. The present accused applicant appeared and was 5 summoned and notice under Section 94 of the B.N.S.S., 2023 to produce documents in relation to the bank account kit, amount received, registered mobile number. Thereafter, the memorandum staternent of the present accused applicant was duly recorded. 9. That, in the memorandum statement, the present accused applicant has stated that, his acquaintance Preetam Soni whose Mobile Number is 7428443778 has told him that, if he gets a bank account opened and give it to him, he will give 2% commission to the accused applicant, then the accused asked him why and how to open a bank account and what would be its use, then the said accused explained to him the process of opening a bank account and told him that, the accused is in RBL bank. After the bank account is opened, the accused applicant has given the bank account kit to the said Preetam Soni who gave commission to the accused applicant in lieu of opening the bank account. Apart from this, the present accused applicant has got opened approximately 8-10 additional bank accounts of other persons and has sold the same to the accused Preetam Soni for which, Rs. 20,000/- as commission has been received by the present accused applicant. 10. That, if the present accused applicant is granted bail, he will certainly abscond which will have an adverse effect on the investigation of the case and his morale will be boosted and he will again form his own gang and repeat the serious crime like cyber fraud which will create resentment in the society. Therefore, if he is granted bail, he will certainly abscond and influence the evidence, which will have an adverse effect on the investigation of the case and his morale will increase and he will again form his own gang and repeat the serious crime like cyber fraud, which will create resentment in the society, as he has been arrested after considerable efforts made by the concerned police authorities. 11. That, the Deponent herein is duty bound to adhere and comply with the direction issued by this Hon'ble Court from time to time and it shall be his most sincere endeavour to ensure implement action with the coordination of the Police Officials as early as possible. 12. That, the contents of the attached Affidavit at Paragraphs No. 01 to 11, have been drafted under my instruction and the 6 contents thereof are true and correct on the basis of the records, available in the office.” 7. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the present accused applicant was actively involved in facilitating cyber fraud by opening and selling bank accounts to a known associate for monetary commission, thereby enabling the unlawful receipt and diversion of fraudulently obtained funds. The applicant maintained RBL Bank Account No. 309025024502, in which an amount of Rs. 1,49,001/- was credited through fraudulent transactions linked to a larger cyber-crime network operating 54 such accounts. The investigation further reveals that the applicant not only handed over his own account kit but also procured 8–10 additional accounts of other persons and sold them for illegal consideration, thus directly contributing to the commission of online financial fraud, including the reported cheating of Rs. 28,000/- suffered by complainant Sajjad Sagir. Taking into consideration the gravity of the offence, the enormous defrauded amount, the ongoing investigation and the clear possibility that the applicant may abscond, influence witnesses, or re-engage in similar criminal activities if released on bail. So far as the co-accused persons are concerned, their bail applications have already been rejected by this Court vide order dated 17.09.2025 passed in MCRC Nos. 6376/2025, 6895/2025 and 6576/2025, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this first bail application of applicant – Anil Dewangan, involved in Crime No. 229/2025, registered at Police Station – 7 Tikrapara, Raipur, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5) and 111 of the BNS, is rejected at this stage. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. Office 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 Rajshekhar