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2025 DAILYLAW 56540 (CHH)

JITENDRA KUMAR BANJARE v. STATE OF CHHATTISGARH

MCRC/9464/2025 · 2025-11-23

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Judgment text

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1 2025:CGHC:57021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9464 of 2025 Jitendra Kumar Banjare S/o Shri Purushottam Banjare Aged About 44 Years R/o Mathpara, Raipur (C.G.) ...Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Civil Lines, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 0044/2025, registered at Police Station Civil Lines, Raipur, District Raipur (CG) for the offence punishable under Sections 111, 3(5), 317(2), 317(4), and 317(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that an information was received through the Cyber Crime Reporting Portal that 104 bank accounts had been fraudulently opened in Utkarsh Small Finance Bank, Civil Lines Branch, Raipur, and were being used for receiving proceeds of cyber fraud. Acting on directions from the Police Headquarters, a report regarding the incident was forwarded to Police Station Civil Lines, Raipur, where an FIR was registered against all 104 account holders, including the present applicant, under Sections 111, 3(5), 317(2), 317(4) and 317(5) of the Bharatiya Nyay Sanhita, 2023. The applicant was subsequently arrested on 14.07.2025 for the alleged offences. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that there is no direct allegation against the applicant, and only vague and general accusations have been levelled. The material on record does not disclose any prima facie case against him. He also submits that the applicant is barely educated, works as a labourer, and supports his aged parents through daily wages. The main accused retained his documents for a long period, and the applicant was unaware of any fraudulent or illegal transactions. The transactions reflected in his account are only related to his daily wage earnings. The applicant is in jail since 14.07.2025 and the trial is likely to take some time for its 3 conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that in the present case, information received from the National Cyber Crime Reporting Portal revealed that 104 bank accounts were fraudulently opened in Utkarsh Small Finance Bank, Civil Lines, Raipur (IFSC: UTKS0001400) and were being used for receiving proceeds of cyber fraud. During investigation, it was found that accused Jitendra Kumar Banjare was operating Account No. 1400017771877011, in which Rs.2,78,521/- was unusually deposited and withdrawn within a short period. An online complaint (Acknowledgement No. 33703240019018) regarding fraud transactions linked to this account was filed from Telangana. On enquiry, the accused admitted that he had handed over his bank account to co-accused Rahul Wadhwani on the assurance of receiving 3% commission, for which he received around Rs.70,80,000/- out of which a portion was given to Abhinav Singh. The accused failed to produce any lawful agreement, authorization, or satisfactory explanation for opening or selling the bank account and the transactions conducted through it. He has been arrested and judicially remanded, investigation has also led to arrest of several other co-accused. He also submits that the bail applications of co-accused persons, namely, Rijwan Khan @ Rehan, Dilawar Singh, Anupam Shukla, 4 Praveen Thakur and Om Aarya have already been rejected by this Court vide orders dated 11.11.2025 and 22.05.2025 in MCRC Nos.7571 of 2025, 7868 of 2025, 3846 of 2025, 3996 of 2025 and 4011 of 2025, therefore, the bail application of present applicant is also liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of case diary, it prima facie appears that an information received from the National Cyber Crime Reporting Portal revealed that 104 bank accounts were fraudulently opened in Utkarsh Small Finance Bank, Civil Lines, Raipur (IFSC: UTKS0001400) and were being used for receiving proceeds of cyber fraud. During investigation, it was found that accused Jitendra Kumar Banjare was operating Account No. 1400017771877011, in which Rs.2,78,521/- was unusually deposited and withdrawn within a short period. An online complaint (Acknowledgement No. 33703240019018) regarding fraud transactions linked to this account was filed from Telangana and on enquiry, the accused admitted that he had handed over his bank account to co-accused Rahul Wadhwani on the assurance of receiving 3% commission, for which he received around Rs.70,80,000/-. Considering the fact that the bank account of the accused has been found to be actively used for receiving proceeds of cyber fraud, and his role in handing over his bank 5 account and related documents to third parties clearly demonstrates his participation in facilitating the commission of the offence. The accused, along with co-accused persons, appears to be involved in a coordinated and organized financial fraud affecting a large number of victims, also considering the fact that the bail applications of co-accused persons, namely, Rijwan Khan @ Rehan, Dilawar Singh, Anupam Shukla, Praveen Thakur and Om Aarya have already been rejected by this Court vide orders dated 11.11.2025 and 22.05.2025 in MCRC Nos.7571 of 2025, 7868 of 2025, 3846 of 2025, 3996 of 2025 and 4011 of 2025, therefore this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant-Jitendra Kumar Banjare, involved in Crime No. 0044/2025, registered at Police Station Civil Lines, Raipur, District Raipur (CG) for the offence punishable under Sections 111, 3(5), 317(2), 317(4), and 317(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil