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2025 DAILYLAW 56579 (CHH)

BHAGWAT PRASAD SHUKLA v. STATE OF CHHATTISGARH

MCRC/9149/2025 · 2025-11-24

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Judgment text

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1 2025:CGHC:57232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9149 of 2025 Bhagwat Prasad Shukla S/o Shri Mahendra Kumar Shukla Aged About 28 Years R/o 260/k, Indira Awas Para, Village Tuta, P.S. Abhanpur, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Ganj, District- Raipur (C.G.) (As Per Copy Of Fir) ... Respondent(s) For Applicant(s) : Mr. Galib Dwivedi, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.11.2025 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. 79/2025, registered at Police Station Ganj, District- Raipur (CG) for the offence punishable under 2 Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS. 2. The prosecution story in brief, is that a complaint was received from the Superintendent of Police, Cyber Range Raipur, reporting that an amount of Rs.27,27,556/- was fraudulently transferred into 41 bank accounts of Karnataka Bank, Raipur Branch, through cyber-cheating. On this basis, Crime No. 79/2025 was registered at Police Station Ganj, Raipur under Sections 317(2), 317(4), 317(5) & 111 BNS, and investigation commenced. During investigation, 19 accused persons including the present applicant have been arrested and sent to judicial custody. 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 seizure of any document or any money from the present applicant, and he does not have any account in the Karnataka Bank, Fafadih Chowk Branch, Raipur. He also submits that the charge-sheet has been filed against the applicant, and the only allegation levelled against him is that he allegedly helped co-accused Bhanupratap Sen in opening a bank account, and based solely on the memorandum statement of Bhanupratap Sen, it is alleged that the applicant kept his bank account papers. The applicant is in jail since 26.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 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 the applicant, along with other co-accused persons, is alleged to have dishonestly and fraudulently obtained an amount of Rs.27,27,556/- from Karnataka Bank account holders. The accusation is that the applicant was involved in the fraudulent transactions through deceitful and dishonest means. He also submits that the bail applications of co-accused, namely, N. Nikhil, Ramesh Kumar Sharma and Arif Mandavi have already been rejected by this Court vide orders dated 30.06.2025, 30.10.2025 and 18.11.2025, 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. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is alleged to have allowed his bank account and documents to be used in a cyber-fraud wherein an amount of Rs.27,27,556/- was routed through multiple accounts, including his, for wrongful gain, further considering the fact that the case papers and his own admission indicate his prima facie involvement in facilitating the transfer of fraudulently obtained money, also considering the fact that the bail applications of co- 4 accused, namely, N. Nikhil, Ramesh Kumar Sharma and Arif Mandavi have already been rejected by this Court vide orders dated 30.06.2025, 30.10.2025 and 18.11.2025, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Bhagwat Prasad Shukla, involved in Crime No. 79/2025, registered at Police Station Ganj, District- Raipur (CG) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(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