1 2025:CGHC:53413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7704 of 2025 Shiekh Shaban S/o Shiekh Hussain, Aged About 50 Years R/o Behind Bharat Tayar, Maudahapara, Raipur, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Tikarapara, District Raipur (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/10/2025 1. This is 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 applicant who has been arrested in connection with Crime No.229/2025 registered at Police Station Tikarapara, Distt.- Raipur for the offence punishable under Sections 317(2), 317(4), 317(5) & 111 of BNS. 2. Case of the prosecution, in brief, that on the basis of information received from Indian Cyber Crime Coordination Portal (14C) the police of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.03 19:07:57 +0530 2 Police Station- Tikarapara under the instructions of the Superintendent of Police, Range Cyber Thana, Raipur, has taken cognizance of total 54 bank accounts used for commission of cyber-crime/Crime-Fruad as Mule- Accounts for, fraud of total Rs. 21,97,673/-, and the persons in whose name these Mule- bank accounts are and the persons in whose name the linked mobile numbers are registered, have been made accused and has registered the Crime as FIR No. 229/2025 on 23.03.2025 against them, U/s 317(2), 317(4), 317(5) & 111 Of BNS. The allegation against the present applicant is that Bank Account No. 309023478301 of Ratnakar Bank Limited (RBL) and linked mobile No. 9770481098 is in his name, and the said mule account has been used in cyber-crime and has been reported as Mule Account. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case and the applicant has no role in the alleged offence. He would submit that the applicant is merely an auto driver, having opened a bank account in RBL Bank with the help of one Mandu Bhai for loan purposes, and has no connection with any organized or cyber-criminal activity. He would submit that the applicant, aged about 50 years, is suffering from a serious ailment, is under regular medical treatment, and is the sole earning member of his family. He would submit that charge sheet has been filed, the applicant is in jail since 27/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that in 3 compliance of the Court’s order dated 24/09/2025, the Superintendent of Police has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 24/09/2025, Shri Lal Umed Singh, Senior Superintendent of Police, Raipur, District Raipur, has filed his personal affidavit which reads as under:- “xxx xxx xxx 3. That, in compliance of the Hon'ble Court's order dated 24.09.2025, it is most humbly and respectfully submitted that, the present accused applicant has been arrested on 27.03.2025 by the police of Police Station Tikarapara, Raipur in connection with Crime No. 229/2025, registered at Police Station Tikarapara, 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) and 111 of the B.N.S., 2023 and after completion of the investigation, the challan has been filed before the concerned Jurisdictional Magistrate below, Raipur. 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 can report online by giving details of the cyber fraud committed with them and by filling in the information of mobile numbers and bank accounts used in cyber fraud. there are 05 complaints have been made by the various complaints against the aforesaid bank account number of the present accused applicant. The details of which are, as under- Acknowledgement No. State District Police Station 30802240005692 DELHI ROHINI CYBER POLICE STATION ROHINI 31111230154815 GUJARAT BHARUCH A DIV BHARUCH 31902240026552 MAHARASHTRA WASHIM KARANJA RURAL 4 31902240026564 MAHARASHTRA PUNE CITY BIBVEWADI 33202240002460 WEST BENGAL MURSHIDABAD POLICE DISTRICT RANINAGAR 5.That, these are the bank accounts used by cyber crime offenders to launder fraud proceeds. Through coordination with the Cyber Crime Reporting Portal, information was received that, 45 bank accounts have been opened at RBL, Raipur which were being used to launder cyber fraud proceeds in which, the bank account number 309023478301 belonging to the present accused applicant, was being used to receive cyber fraud proceeds Following instructions from Police Headquarters, a letter detailing the incident was sent to the Raipur Cyber Police Station with the details of the incident for action Crime Number 229/2025 under aforesaid Section of the BNS was registered against the account holders of Ratnakar Bank Limited (RBL) at Tikarapara Branch, Police Station Tikarapara, Raipur and sent to the Cyber Range Police Station Raipur for further investigation, the information of the above mentioned bank account holders and KYC and other information of the registered mobile numbers were obtained. 6.That, during the course of investigation of the case, it was found that, the accused applicant Sheikh Shaban was found to have opened and registered an account number 309023478301 in Ratnakar Bank Limited (RBL), Branch at Raipur and was operating it. The mobile number 9770481098 is registered in the said bank account and an amount of Rs. 2,31,89,547/- has been deposited in the said bank account in a short period of time. Regarding financial transactions of Rs. 10000 and on Rs. 10000 in the said bank account on 10.02.2024, the complainant Ravi with acknowledgement number 30802240005692 and four other complainants have filed an online report of being cyber fraud on Cyber Crime Portal 1930 of Ministry of Home Affairs, Government of India. 7.That, during the course of investigation, the memorandum statement of the present accused applicant has been recorded 5 wherein, he has categorically deposed in his memorandum statement that, his former acquaintance Mandu Bhai told him that, if he opened a bank account and gave it to him, he would give him Rs. 5000 explaining the process of opening the bank account with RBL Bank. After the bank account is opened, give the bank account kit to him where online transactions related to earning money will be made and thereafter, he had given the bank account kit to Mandu Bhai and in exchange for opening the bank account, Rs. 5000 was given to him by Mandu Bhai, which he has spent on his daily needs. 8. 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. 9.That, the Deponent has highest regards to the orders and directions passed by the Hon'ble Court from time to time and as and when, any further direction be made by the Hon'ble Court, the same will be complied with in its true spirit. 10. That, the contents of the attached Affidavit at Paragraphs No. 01 to 09, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 7. From perusal of the affidavit filed by the Superintendent of Police goes to show that during investigation it was revealed that the applicant, Sheikh Shaban, had opened and operated a bank account No.309023478301 in Ratnakar Bank Limited (RBL), Raipur Branch, linked with mobile number 9770481098 and a total amount of Rs. 2,31,89,547/- was deposited in this account within a short period. During investigation, the applicant’s memorandum statement disclosed that he opened the said bank account at the instance of one Mandu Bhai, who offered him Rs.5,000/- in exchange for handing over the 6 account kit for use in online financial transactions. The applicant admitted receiving the said amount and giving the account to Mandu Bhai, which was later allegedly used for fraudulent cyber transactions. Considering the nature of allegation levelled against the applicant, it is evident that the applicant was involved in organized crime and the modus operandi reflects a well-orchestrated and large-scale financial fraud committed through digital platforms, causing substantial monetary loss and public harm, thus involvement of the applicant in the alleged offence appears to be reasonable and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, the bail application of applicant Shiekh Shaban, involved in Crime No.229/2025 registered at Police Station Tikarapara, Distt.- Raipur for the offence punishable under Sections 317(2), 317(4), 317(5) & 111 of BNS, is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri