1 2025:CGHC:61331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9383 of 2025 Tikam Patel S/o Ishwer Patel Aged About 49 Years R/o Ward No. 1, Sikosa, P.S.- Gunderdehi, District- Balod C.G. ... Applicant versus State of Chhattisgarh Through - P.S.- Gunderdehi, District- Balod C.G. ... Non-Applicant For Applicant : Mr. Hemant Gupta, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 173/2025 registered at Police Station – Gunderdehi, District- Balod, (C.G.), for the offence punishable under Sections 420, 413, 120B of the Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that a sum of Rs.1,75,97,918/- was deposited in the bank account of the present applicant between 15.06.2023 and 28.05.2024. However, the police have implicated the applicant along with other co-accused and alleged commission of the offence. Consequently, F.I.R. No. 173/2025 was RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 registered against the accused persons for the offences punishable under Sections 413, 420 and 120-B of the Indian Penal Code. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present crime, which has never been committed by him. It is contended that merely because the bank account stands in the name of the applicant, the same by itself does not establish his involvement, as the applicant has neither operated the said account for any illegal purpose nor derived any benefit from the alleged transactions. The applicant has not played any active or passive role in the commission of the alleged offence and has no past criminal antecedents. It is further submitted that no specific allegation has been made to the effect that the applicant utilized any portion of the alleged amount, and in similar circumstances, the co- accused namely Khublal Sinha has already been granted bail by this Hon’ble Court in MCRC No. 5957/2025 vide order dated 13.10.2025, a copy whereof is annexed as Annexure A/3 for kind perusal. He further submits that on the face of the FIR, there is no direct complainant and the crime has been registered merely on the basis of assumptions of the A.S.I./In-charge, Police Station Gunderdehi. The applicant is a law-abiding citizen and the sole bread-earner of his family. The case is based purely on documentary evidence, all of which is already in possession of the prosecution, and therefore no custodial interrogation of the applicant is required. Hence, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, learned State Counsel vehemently opposes the bail application and submits that the subject case came up for hearing before this Hon’ble Court on 20.11.2025 and after hearing the parties, this Hon’ble Court was pleased to direct the concerned Investigating OfÏcer to file his personal afÏdavit demonstrating the evidence collected during the course of investigation against the present applicant, pursuant to which the instant afÏdavit has been filed for kind perusal and consideration of this Hon’ble Court. It is respectfully submitted that the investigation has been conducted on the basis of complaints received through the Cyber Crime Reporting Portal established by the Ministry of Home Affairs, Government of India, which revealed an organised cyber fraud racket operating through mule bank accounts. During investigation, it was found that within a short span of time, a huge amount of Rs.1,75,97,918/- was credited into the IDFC First Bank Account No. 10143806387 of the present accused applicant, while the remaining amount was routed through the account of co-accused Khublal Sinha, thereby bringing the total fraud amount to Rs.1,76,25,797/-. He further submits that multiple victims from different States of the country, namely Santoosh M.L., Abhishek Pasari and Anuj Das, residents of Bangalore and Kolkata, lodged online complaints on the Cyber Crime Reporting Coordination Portal/1930 regarding financial frauds of Rs.6.50 lakhs, Rs.3.21 lakhs and Rs.10 lakhs respectively, and the investigation has conclusively established that the said defrauded amounts were deposited into the bank account of the present accused applicant and subsequently withdrawn 4 through ATM transactions linked with his registered mobile number 9232111554. The bank statements, transaction trails and digital evidence clearly establish a direct nexus between the present accused applicant and the proceeds of cyber crime. Further, the memorandum statement of the present accused applicant categorically reveals his conscious involvement, wherein he admitted to providing his bank account, ATM card, cheque book and registered mobile number to co-accused for commission of cyber fraud in lieu of monetary consideration. Thus, the magnitude of the fraud, the inter-State nature of the offence, the organised manner in which the crime was committed, and the active role played by the present accused applicant clearly disentitle him from the discretionary relief of bail. Hence, the applicant does not deserve the benefit of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions advanced by learned counsel for the parties, perusal of the case diary, and the personal afÏdavit filed by the Investigating OfÏcer in compliance of the order dated 20.11.2025 passed by this Court, this Court finds that the material collected during investigation prima facie establishes the active and conscious involvement of the present applicant in an organised and inter-State cyber fraud racket. The afÏdavit reveals that a huge amount of Rs.1,75,97,918/- was credited into the bank account of the present applicant and the total fraud amount involved in the 5 subject crime is Rs.1,76,25,797/-, which was received from multiple victims belonging to different States of the country through online financial fraud. The bank transaction details, digital trail, memorandum statement of the applicant and seizure of relevant documents clearly indicate that the applicant knowingly provided his bank account, ATM card, cheque book and registered mobile number for laundering the proceeds of crime in lieu of monetary consideration, thereby showing his dominant role in the commission of the offence. Though one co-accused, namely Khublal Sinha, has been granted bail by this Court in MCRC No. 5957/2025 vide order dated 13.10.2025, the case of the present applicant stands on an entirely different footing, inasmuch as the major share of the fraud amount was credited into his bank account and the afÏdavit filed by the Investigating OfÏcer attributes a more serious, active and central role to the present applicant. In view of the gravity of the offence, magnitude of the fraud, organised nature of the crime, and the likelihood of the applicant influencing evidence or repeating similar offences if enlarged on bail, this Court does not find it to be a fit case for grant of bail. Accordingly, the bail application of the applicant is rejected. 7. Accordingly, the bail application of the applicant – Tikam Patel, involved in Crime No. 173/2025 registered at Police Station – Gunderdehi, District- Balod, (C.G.), for the offence punishable under Sections 420, 413, 120B of the Indian Penal Code, 1860, is rejected. 6 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rahul Dewangan