1 2025:CGHC:60050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10143 of 2025 Harsh Soni S/o Bhupendra Soni Aged About 28 Years R/o J-8, Rajeev Awas, Behind Lalganga Shopping Mall, Raipur, District - Raipur Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Cyber Range, Civil Lines Raipur, District - Raipur Chhattisgarh --- Respondent(s) MCRC No. 10167 of 2025 Akash Tandi S/o Tulsi Tandi Aged About 24 Years R/o Shahid Rajiv Pandey Nagar Amlidih, Police Station New Rajendra Nagar, District Raipur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer P.S. Civil Lines, District Raipur (C.G.) --- Respondent(s) 2 For Applicant in MCRC No.10143 of 2025. : Mr. Suraj Jaiswal, Advocate. For Applicant in MCRC No.10167 of 2025. : Mr. Tarendra Kumar Jha, Advocate. For Respondent/State. Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are 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 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 offence punishable under Sections 317(2), 317(4), 317(5), 111 & 3(5) of BNS. 3. Case of the prosecution, in brief, is that the applicants/accused persons, along with other co-accused individuals, were actively involved in an organised network engaged in cyber-fraud activities. The case diaries and charge-sheets reflect that numerous mule bank accounts were opened or facilitated by the accused in different banks, including more than 128 such accounts in case in MCRC 3 No.10167/2025, and multiple accounts linked with fraudulent transactions amounting to Rs.64,10,855/- in case in MCRC No.10143/2025. These accounts were allegedly used to receive, transfer, circulate, and conceal funds obtained through cyber cheating. The prosecution asserts that the accused participated in a structured criminal syndicate engaged in cyber fraud and willingly assisted in the movement of stolen money, the material on record indicates prima facie involvement of the accused with co-accused persons in a coordinated fraud operation, which led to the registration of alleged offence against the applicants. Hence, the bail application. 4. Learned counsel for the applicant in MCRC No.10143 of 2025 submits that the applicant has been falsely implicated in the present crime and had no knowledge that his identity or personal documents were being misused for unlawful activities. His credentials were wrongfully used by one Omi Dongre, resident of Daldal Shivni, Mova, to open a bank account at Bank of Maharashtra, Mova Branch (IFSC: MAHB0000439, Account No. 60481252736). The mobile number registered with the bank, 8885966690, does not belong to the applicant. It is alleged that the applicant received Rs.3,000 for the account opened in his name, but the account kit has always remained with Omi Dongre. He further submits that the main accused, Omi Dongre, deceived the applicant by promising monthly income through share trading and fraudulently obtained the applicant’s PAN, Aadhaar, and other documents. Using these documents and with the help of bank 4 employees, he opened the bank account by giving his own mobile number and operated the account himself. No incriminating material has been recovered from the applicant’s phone, and there is no evidence showing that any mule account transactions were conducted using his mobile device. The applicant is in jail since 26.03.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. Learned counsel for the applicant in MCRC No.10167 of 2025 submits that the applicant has been falsely implicated in the present case without any cogent or admissible evidence. The police have acted in an arbitrary and mala fide manner, violating the applicant’s fundamental rights under Articles 14 and 21 of the Constitution. The proceedings appear to be based on fabricated and incorrect statements recorded by the investigating agency. He further submits that the memorandum allegedly recorded by the police is incorrect and obtained through coercion. It wrongly states that the applicant is educated only up to Class 5th, whereas he is actually a final-year B.A. student, and documentary proof such as his BA Part-II mark sheet and ration card are annexed. This material discrepancy shows that the memorandum is neither voluntary nor truthful and is unreliable under the principles governing Section 27 of the Indian Evidence Act. He also submits that the investigating officer has also ignored readily available documents proving the applicant’s educational background, which reflects a biased and incomplete investigation. The applicant belongs to the Scheduled Tribe 5 category and is constitutionally protected from discrimination and harassment; however, his false implication shows targeted and prejudicial treatment, contrary to the safeguards under Articles 15(4), 46, and related provisions of the SC/ST (PoA) Act. The applicant is in jail since 26.03.2025, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He produced the copies of the letters dated 26.11.2025 in MCRC Nos.10143/2025 and MCRC No.10167/2025, in which the Investigation Officer Police Station Cyber Range, Raipur has stated that during the course of investigation, it has been clearly established that both applicants were operating mule bank accounts that were actively used for receiving and layering fraudulent funds obtained through nationwide cyber-crime activities. The report highlights that, acting on inputs received from the National Cyber Crime Reporting Portal, a total of 128 bank accounts linked to the Bank of Maharashtra, Raipur, were identified as being used for cyber-fraud transactions. The applicants’ account bearing Account No. 60481252736 (Case of Harsh Soni) and 60485155524 (Case of Akash Tandi) were found to have received unusually large financial credits amounting to Rs.65,82,407/- and Rs.6,07,176/- respectively, followed by rapid withdrawals, confirming their use in fraudulent transactions. Despite being issued notices under 6 Sections 35(3) and 94 BNS, both applicants failed to provide any valid explanation, supporting documents, or legitimate source for the suspicious transactions. Their own memorandum statements indicate that they handed over their bank account kits to third parties (Omi Dongre and Lucky Jagat) in exchange for monetary benefits, knowing fully well that the accounts would be used for online transactions. The IO has further noted that the applicants did not cooperate in the investigation, did not produce the documents used for account opening, and their actions indicate a likelihood of tampering with evidence and non-appearance before the Court if released on bail. If is further pointed out that the account in MCRC No.10167/2025 has been flagged in cyber-crime reports at nine different locations across the country, demonstrating interstate ramification of the offence. The acknowledgment numbers and corresponding jurisdictions are as follows: Acknowledgement Nos. State District Police Station A250733100026 Chhattisgarh Raipur Civil Line 20205240016236 Andhra Pradesh Bapaia Addanki 21909240103036 Maharashtra Kolhapur Kale Police Station 22910240076921 Tamil Nadu Thoothukudi 31109240150861 Gujarat Panchmahals Vejalpur 31110240154565 Gujarat Ahmedabad City 7 31609240072959 Karnataka Bangalore City Subramanyapura 31909240135063 Maharashtra Mira Bhayandar Vasal Virar Police Commissioner Mira Road 33109240119745 Uttar Pradesh Trans Hindon Commissionera te Ghaziabad Indrapuram 7. Learned State counsel further submits that the bail application of co- accused persons, namely, Rajesh Mandhani, Smt. Jyoti Mishra, Shivkumar Nirmalkar, Sahil Jethwani and Anju Kumari have already been rejected bythis Court vide orders dated 31.10.2025, 25.06.2025, 25.06.2025 and 08.07.2025 in MCRC Nos.8661 of 2025, 8633 of 2025, 4856 of 2025, 4906 of 2025 and 5248 of 2025. Therefore, the bail applications of present applicants are also liable to be rejected. 8. I have heard learned counsel appearing for the parties and perused the case diary. 9. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the report of Cyber Crime Branch, it prima facie appears that the applicants were directly involved in operating mule bank accounts used as channels for receiving and layering proceeds of nationwide cyber-fraud. The applicants’ bank accounts reflected 8 unusually high-value credits amounting to Rs.65,82,407/- and Rs.6,07,176/- respectively, followed by immediate withdrawals, leaving no credible or legitimate trail of the source of funds. Despite issuance of notices under Sections 35(3) and 94 of the BNS, both applicants failed to furnish any satisfactory explanation, documentary proof, or lawful justification for these suspicious transactions. Their own memorandum statements further reveal that they had voluntarily handed over their bank account kits to third parties in exchange for monetary benefit, making them fully aware that their accounts would be used for online financial activities of unknown origin. 10. The Investigating Officer has specifically noted the applicants’ non-cooperative conduct throughout the investigation, including failure to produce account-opening documents, evasive responses, and deliberate withholding of relevant information. Such conduct not only hinders the investigation but also creates a reasonable apprehension of tampering with evidence, influencing witnesses, and absconding if released on bail. Moreover, the applicants’ accounts have been flagged in cyber-crime reports from nine different states across India, demonstrating the interstate nature and wider ramifications of the offence. This clearly indicates that the applicants form part of a larger and organised cyber-crime network operating across multiple jurisdictions. 9 11. Additionally, the State has pointed out that the bail applications of similarly placed co-accused persons involved in the same cyber- fraud network have already been rejected by this Court in earlier matters. In light of the gravity of the offence, the volume of fraudulent transactions, the applicants’ conscious involvement in providing mule accounts, their non-cooperation, and the established judicial trend in co-accused cases, the present applicants do not deserve the grant of bail. Therefore, considering the seriousness of the allegations and the likelihood of further prejudice to the investigation, as such this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 12. Accordingly, the bail applications of applicants - Harsh Soni and Akash Tandi involved in Crime No. 129/2025 registered at Police Station Cyber Range, Civil Lines Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 & 3(5) of BNS, is rejected. 13. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 14. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil