1 2025:CGHC:55360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7387 of 2025 Rambharos Yadav S/o Sadaram Yadav Aged About 27 Years R/o Village Padhriya P.S. Shivrinarayan Distt Janjgir-Champa Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through S H O P.S. Shivrinarayan Distt Janjgir-Champa Chhattisgarh --- Non-applicant MCRC No. 8848 of 2025 Ravi Manhar S/o Vishnu Manhar Aged About 32 Years R/o Village Podi, P.S. Nawagarh, District Janjgir-Champa, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Shivrinarayan, District Janjgir-Champa, Chhattisgarh. --- Non-applicant MCRC No. 8267 of 2025 Suryakant Yadav S/o Dinesh Yadav Aged About 25 Years R/o Village Mahantpara,shivrinarayan, P.S. And Tahsil Shivrinarayan, Distt. Janjgir Champa, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Shivrinarayan, Distt. Janjgir Champa, Chhattisgarh. --- Non-applicant 2 MCRC No. 8030 of 2025 Lakhan Lal Sultan S/o Goraram Sultan Aged About 32 Years R/o Village Sarasdol, P.S. Malkharoda, Distt. Sakti, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Shivrinarayan, Distt. Janjgir Champa, Chhattisgarh. --- Non-applicant MCRC NO. 7387/2025 For Applicant : Mr. Aishwarya Dubey, Advocate (through Video Conferencing) For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer MCRC NO. 8848/2025 For Applicant : Mr. Hemant Kesharwani, Advocate For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer MCRC NO. 8267/2025 For Applicant : Mr. Rahul Sharma, Advocate along with Ms. Deepanjali Tiwari, Adovcate For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer MCRC NO. 8030/2025 For Applicant : Mr. Hemant Kesharwani, Advocate For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/11/2025 1. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 259/2025 registered at Police Station – Shivrinaryan, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 112 (b), 318 r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that, on the basis of information received from Indian Cyber Offence Coordination Centre regarding transaction of online fraud amount in the bank accounts of applicant and other co-accused total to the tune of Rs. 31,49,312/- in the Axis Bank Branch Shivrinarayan 3 Branch Code 0004896, the aforesaid offences have been registered against the applicant and other co-accused persons. 3. Learned counsel for the applicants submit that the applicants are innocent, they have not committed any offence as alleged. Mr. Aishwary Kumar Dubey, learned counsel for the applicant in MCRC No. 7387/2025 submits that the applicant is a daily wage labourer, and has studied only up to Class 16 and thus, he has having no knowledge about account opening and cyber crime. The applicant was lured with false promise of employment in a company and was asked to submit his Aadhar Card and other documents and he was not aware that the same was used for opening bank accounts and for fraudulent transactions. Applicant took only Rs. 1,000/- for opening the account, but was not aware about any transaction being made. He submits that there is no material available against the applicant and he has been arrested without any specific allegation and evidence available against him. So far as the criminal antecedent is concerned, there is no other criminal antecedent against the applicant. He is in jail since 03.07.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 4. Mr. Chandra Prakash Lahrey, learned counsel for the applicant in MCRC No. 8848/2025 submits that the applicant is having no knowledge about account opening and cyber crime. He submits that the applicant has been impleaded in the case only on the basis of suspicion. He submits that the applicant is alleged to have provided bank accounts of other persons and for which, applicant took only Rs. 2,000/-, but was not aware about any transaction being made. He submits that there is no material available against the applicant and he has been arrested without any specific allegation and evidence available against him. So far as the criminal antecedent is concerned, there is no other criminal antecedent against the applicant. He is in jail since 04.07.2025 and the conclusion of trial is likely to take some time, 4 therefore, he prays for releasing the applicants on regular bail. 5. Mr. Amit Singh Chauhan, learned counsel for the applicant in MCRC No. 8848/2025 submits that the applicant is having no knowledge about account opening and cyber crime. He submits that the applicant has been impleaded in the case only on the basis of suspicion. He submits that the applicant is alleged to have opened a bank account and for which, applicant took only Rs. 5,000/-, but was not aware about any transaction being made. He submits that there is no material available against the applicant and he has been arrested without any specific allegation and evidence available against him. So far as the criminal antecedent is concerned, there is no other criminal antecedent against the applicant. He is in jail since 04.07.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 6. Mr. Chandra Prakash Lahrey, learned counsel for the applicant in MCRC No. 8030/2025 submits that the applicant is having no knowledge about account opening and cyber crime. He submits that the applicant has been impleaded in the case only on the basis of suspicion. He submits that the applicant is alleged to have provided bank accounts of other persons and for which, applicant took only Rs. 10,000/-, but was not aware about any transaction being made. He submits that there is no material available against the applicant and he has been arrested without any specific allegation and evidence available against him. So far as the criminal antecedent is concerned, there is no other criminal antecedent against the applicant. He is in jail since 04.07.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 7. Learned counsel for the State/non-applicant opposes the bail application and submits that the prima facie there is material available against the applicant showcasing to be involved in commission of offence under Sections 317 (2), 317 (4), 317 (5), 112 (b), 318 r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 5 2023. He further submits that in compliance with this Court's order dated 17.10.2025, whereby the Superintendent of Police, District - Janjgir- Champa, was directed to file personal affidavit stating the stating the criminal antecedents of the applicants in this regard, the Superintendent of Police, District – Janjgir - Champa, has submitted his affidavit stating that pursuance to the letter dated 03.07.2025 of the Cyber Cell, District Janjgir-Champa regarding taking action against the holders of Layer-1 mule accounts and their associated mobile numbers, the Police Station Sheorinarayan, Distt. Janjgir-Champa took the matter under investigation. In the investigation it is found that the mule bank accounts are used to disburse and utilize for cyber fraud. These accounts were found to contain proceeds from cyber frauds committed in various states across the country. Regarding mule accounts, a total of 31,49,312/- was found to be deposited in 16 bank accounts at Axis Bank Shivrinarayan Branch. The person who opens and helps in receiving the money obtained through cyber fraud and the holder/promoter has been found to be generally involved in the above work and enriching the wealth by having reason to believe that money obtained through cyber fraud knowing that the property has been obtained through dishonest and fraudulent means. From 16 bank accounts, some of the accounts holders with informed that they have handed over the ATM and Passbook to applicant/accused Lakhanlal Sultan and the applicant gave them commission. 8. Further, the Police issued notice U/s 94 of B.N.S.S. to the applicant to provide information in certain points regarding opening account, handing over the passbook and ATM card, commission amount, etc. The applicant informed in writing that on behest of accused Gandhi Sande, he asked 7 to 8 persons to open the bank accounts and after keeping their account passbook and ATM cards, gave them commission. The applicant further stated that he also received commission amount of Rs. 10000/- to 12,000/- for opening one account. The investigation is complete and charge-sheet 6 has been filed before the competent Court. Considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 9. I have heard learned counsel for the parties and perused the case diary. 10.Considering the facts and circumstances of the case, submission of counsel for the respective parties and furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, furthermore, considering the affidavit submitted by the Superintendent of Police, District – Janjgir - Champa stating that charge-sheet has been filed under Bhartiya Nyaya Sanhita, 2023 and further, the fact that the applicants have taken commission for opening the bank accounts for commission of fraud, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 11. Accordingly, the second bail application of the applicants – Rambharos Yadav in MCRC No. 7387/2025, Ravi Manhar in MCRC No. 8848/2025, Suryakant Yadav in MCRC No. 8267/2025 and Lakhan Lal Sultan in MCRC No. 8030/2025, involved in Crime No. 259/2025 registered at Police Station – Shivirinarayan, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 112 (b), 318 r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 12.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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY