1 2025:CGHC:55429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8173 of 2025 • Rahul Singh S/o Late Manoj Singh Aged About 29 Years Occupation - Farmer Cum Contractor, R/o Ward No. 33, Jail Road, Babupara, Amikapur, P.S. Ambikapur District - Sarguja Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. Gandhinagar Ambikapur District Sarguja Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Apoorva Tripathi, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 235/2025 registered at Police Station – Gandhinagar, Ambikapur District - Surguja (C.G.) for the offence punishable under Sections 317(4), 318(4), 61(2)(A) and 111 of BNS Act, 2023. 2. Case of the prosecution, in brief, is that, the applicant has been implicated in the present offence on the basis of the Memorandum statement of the main accused one Vinod Pradhan, who has alleged VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 11:36:05 +0530 2 that, on the insistence of the present applicant, he has opened an Account No. 0700102000012403 in the IDBI bank, which as per the prosecution, was later used by one Anuj Singh for online fraud and complaints with Acknowledgement no. 21112240030694, 22912240100869, 23111240137162, 30211240025086 and 32111240032699 with respect to an amount of Rs 2,06,962/- were lodged against the said account at Indian Cyber Crime Coordination Centre. Henceforth, a case U/s 317(4), 318(4) and 61 (2)(A) of the BNS was registered against the applicant. Thereafter, the present applicant along with the main accused were called to explain their conduct at the Police Station Gandhinagar, from where he was arrested on 19.06.2025, it is to be specifically stated here that, the applicant himself and willingly came to the police station, has provided his bank account details of both his accounts SBI and IDFC bank, Aadhar card and his mobile no. linked with the account, despite the same he was arrested, later- on during investigation another offence U/s 111 BNS was added to the charge-sheet. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in crime in question. He further submits that applicant has neither received any single penny as a commission nor committed any cyber fraud. Further, applicant is not the beneficiary of any amount, there is no relation between the said account and applicant is not associated with any transactions made in the said account. He also submits that charge-sheet has already been filed in the present case, the applicant is in jail since 19.06.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application 3 and submits that there is one criminal antecedent registered against the present applicant bearing crime No.311 of 2023 registered at Police Station Ambikapur District – Sarguja (C.G.) for offence under Sections 294, 323, 34, 427, 451, 506 of IPC and same has been settled between the parties and is pending for consideration and the charge-sheet has been filed in this case. He further submits that one other bail application filed by co-accused namely Vinod Pradhan has also been rejected by this Court in MCRC No.5268 of 2025 vide order dated 08.07.2025. He further submits that applicant used to give commission to co-accused Vinod Pradhan, and during the course of investigation of the present case, it was found that bank account of the co-accused Vinod Pradhan a total amount of Rs.2,06,962/- was received in his original bank account and furthermore, between 25.10.2024 and 24.02.2025, a total of Rs. 89,11,244/- was deposited in the bank account and continuously transferred to another bank account and has been withdrawn by the accused persons, therefore, he is not entitled for grant of regular bail 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 14.10.2025, concerned Investigating Officer, has filed his personal affidavit, which is annexed with bail application and relevant paragraphs of affidavit which reads as under:- “ xxx xxx xxx 6. That, as per the case of the prosecution, on the basis of the memorandum statement of the main accused Vinod Pradhan, who has alleged that, on the insistence of the present accused applicant, he has opened an Bank Account No. 0700102000012403 in the IDBI Bank, which as per the 4 prosecution, was later used by one Anuj Singh for complaints with online fraud and the Acknowledgement No. 21112240030694 (Gujarat), 22912240100869 (Tamil Nadu), 23111240137162 (Uttar 30211240025086 (Andhra Pradesh), Pradesh), 31610240085992 (Karnataka) and 32111240032699 (Madhya Pradesh) with respect to an amount of Rs. 2,06,962/- were lodged against the aforesaid bank account at Indian Cyber Crime Coordination Portal. The present accused applicant was found to have committed the offence of cyber crime by using the bank account for the purpose of earning illegal money in an organized planned manner in the crime of cyber fraud. Therefore, a crime has been registered against the present accused applicant and the matter was taken into investigation. Henceforth, an offence under aforesaid Sections of the BNS, 2023 including Section 11 was registered against the accused persons and they were arrested and the matter was taken into investigation. 7. That, during investigation, it was revealed that, on a total of 6 online complaints related to different States of the country, the Bank Account holder Vinod Pradhan had received a total of Rs. 2,06,962/- in his bank account. After questioning the accused Vinod Pradhan regarding the matter, he stated in his memorandum that, he was asked by the accused Rahul Singh to open an bank account for online game transactions and was asked to give a share of the money received when the said amount came into the bank account. Thereafter, a bank account was opened in the IDBI Bank, Ambikapur after which, the accused Rahul Singh told that, the account passbook and ATM were kept with him and after opening the account from Rahul, he received 8-10 thousand and spent it. On taking the memorandum statement of the accused Rahul Singh, when Anuj Singh was asked to open a new bank account for playing online games, the accused Vinod Pradhan was told to pen the account by telling him about the said account and that, he would get a share of the money received in it. After the account was opened, the accused Rahul Singh gave the passbook and ATM of the said account to Anuj Singh and told that, the accused Anuj Singh is absconding. 5 8. That, during investigation in this case, mobile phones used in the incident, Aadhar Card, ATM Card, Passbook and PAN Card of the accused have been seized from the accused applicant Rahul Singh in front of witnesses. 9. That, the accused persons have been found to have committed the offences under aforesaid Sections of the BNS, 2023 and subsequently, they were arrested. However, the accused Anuj Singh is being traced in the case, as he is absconding since the incident occurred. Presently, the case is under investigation. 10. That, the present accused applicant Rahul Singh in the present case is well known to the accused Vinod Pradhan and Anuj Singh due to which, the accused have taken an account in a planned manner and given it to Anuj Singh to receive and spend the money of cyber fraud. 11. That, the accused Rahul Singh stated in his memorandum statement that, Anuj Singh is a childhood friend and he would earn money online by playing games, which would required a bank account, therefore, the accused Vinod Pradhan opened the aforesaid bank account at IDBI Ambikapur and gave it to the present accused applicant wherein, the Mobile Number 8817873732 is linked and registered and on request of the present accused applicant, a new mobile number 6269391016 was linked to it in which, the accused applicant Rahul Singh took the ATM Card and passbook from Vinod Pradhan and gave it to the accused Rahul Singh. It is further deposed by the accused applicant that, the accused Anuj Singh asked him to open a bank account for online game and in the greed of getting some part of it, the accused got the bank account opened and told that, he has received Rs. 50,000/- and the accused Vinod Pradhan has also told that, he has received Rs. 8- 10 thousand from the present accused applicant Rahul Singh. 12. That, during the course of investigation of the present case, it was found that, upon reviewing the bank account of the accused Vinod Pradhan, it was found that, a total of Rs. 2,06,962/- was received in the original bank account as per the 6 complaint and furthermore, between 25.10.2024 and 24.02.2025, a total of Rs. 89,11,244/- was deposited in the bank account and continuously transferred to another bank account and the amount has been withdrawn by the accused persons. The total credit amount in the aforesaid subject bank account number is Rs. 89,11,244/- and the total debit amount in the aforesaid subject bank account number is Rs. 88,34,200/. 13. That, the present accused Applicant has been arrested by the police of Police Station Gandhi Nagar, Ambikapur on 19.06.2025; in connection with Crime No. 235/2025, one registered at Police Station Gandhi Nagar, Ambikapur, District Surguja (C.G.) against the accused Applicant and other accused persons for the offence punishable under Sections 317 (2), 318 (4), 61 (2) (A) and 111 of the Bhartiya Nyay Sanhita, 2023. However, the accused Anuj Singh of the present case is absconding and his whereabouts are being traced. There is a possibility of involvement of other associates along with the accused in the case whose investigation is going on. However, there are two previous criminal antecedents of the present E accused applicant except the subject crime number, which is evident from the letter issued by the SHO, PS Gandhi Nagar, Ambikapur, District Surguja regarding the offence registered before the Police Station Lakhanpur and City Kotwali Ambikapur. Copy of the previous criminal antecedents of the present accused applicant, is being annexed herewith as ANNEXURE R/1 for kind perusal of this Hon'ble Court. 14. Considering the facts and circumstances of the case, submissions made by learned counsel for the party, allegation levelled against the present applicant and bail application of co- accused Vinod Pradhan has also been rejected by this Court in MCRC No.5268 of 2025 vide order dated 08.07.2025 and applicant has committed a cyber fraud along with co-accused, involvement of the applicant and looking to the seriousness of the allegations against the applicant, thus this Court does not find it to be a fit case to 7 release the applicants on regular bail. 15. Accordingly, the second bail application of the applicant- Rahul Singh, involved in Crime No.235/2025 registered at Police Station – Gandhinagar, Ambikapur District - Surguja (C.G.) for the offence punishable under Sections 317(4), 318(4), 61(2)(A) and 111 of BNS Act, 2023 is rejected at this stage. 16. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali