1 2025:CGHC:57011 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9504 of 2025 Ayush Pandey S/o Sanjay Pandey Aged About 21 Years R/o H.No. 1174, Near Police Station Tikrapara, Sanjay Nagar, Tikrapara, Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Cyber Range Raipur, District- Raipur(C.G.) ...Non-applicant For Applicant : Mr. Ankush Borkar, Advocate. For Non-applicant/State: Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 79/2025 registered at Police Station – Cyber Renge, Raipur District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.25 14:52:01 +0530 2 2. The case of prosecution in brief is that the applicant/accused Ayush Pandey along with other co-accused persons, fraudulently received an amount of Rs. 27,27,556 each into their respective bank accounts, being aware that the said amount was obtained dishonestly and through deceitful means. By habitually receiving such property and having reason to believe that it was acquired through fraudulent or dishonest methods, they were found to have concealed, possessed, or used the said property. Accordingly, against the present applicant and other co-accused persons, Crime No. 79/2025 has been registered at Cyber Range Police Station, Raipur (Chhattisgarh) under Sections 317(2), 317(4), 317(5), 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and investigation was initiated. During the course of investigation, the present applicant and other co-accused persons have been arrested. A copy of the FIR bearing Crime No. 79/2025 is being filed herewith as Annexure A-2. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that as the prosecution has framed a false and concocted story against him without any cogent evidence. The applicant is a 21-year-old college-going student, and his prolonged detention is adversely affecting his academic career. He has been in judicial custody since 27.03.2025, and the charge-sheet has already been filed on 3 15.06.2025, indicating that the investigation is complete and no further custodial interrogation is required. The applicant has no direct involvement in the alleged cyber crime his bank account was merely used for transactions without his knowledge. He has never committed any criminal act in his life, nor has any criminal case been registered against him in any police station, and thus he is not a habitual offender and poses no threat to society. Courts generally grant bail to first- time offenders in non-heinous cases, especially when continued detention serves no purpose. Prolonged pre-trial incarceration also violates Article 21 of the Constitution, particularly when the trial may take considerable time , therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that Learned State Counsel has vehemently opposed the bail application by submitting that the present case involves a large-scale cyber fraud wherein a total amount of Rs. 27,27,556/- was deceitfully credited into the bank accounts of 41 account holders, including the applicant, of Karnataka Bank, Branch Raipur. It is contended that the applicant, being a beneficiary of the fraudulently transferred amount, was fully aware of the illegal nature of the transaction and was acting in conspiracy with other co-accused, yet deliberately failed to disclose or report the receipt of such ill- 4 gotten money. Furthermore, the bail applications of the co- accused has already been rejected by this Court vide orders dated 30.06.2025, 30.06.2025, and 02.07.2025, passed in MCRC Nos. 4307/2025, 4538/2025 and 5099/2025, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and further the fact that the present case arises out of a serious economic offence involving cyber fraud, and that the concerned police station received credible information from the Cybercrime Reporting Portal regarding the operation of a mule account used for defrauding innocent individuals, it is revealed from the applicant's own memorandum that she had willingly handed over her bank account details to the main accused upon inducement, and that the said account was subsequently used to channel fraudulently obtained funds. Thus, it is evident that the applicant was actively involved in facilitating the commission of cyber fraud. Furthermore, the bail applications of the co-accused persons, namely, N. Nikhil and Manish Dodwani, have already been rejected by this Court in MCRC Nos. 4307/2025 and 4538/2025 vide orders dated 30.06.2025 respectively, further it cannot be a case of false implication. 5 7. Accordingly, this first bail application of applicant – Ayush Pandey involved in Crime No. 79/2025 registered at Police Station – Cyber Renge, Raipur District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 2023, is rejected. 8. Office 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 vaibhav