1 2025:CGHC:61039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9054 of 2025 Bharat Parihar S/o Heera Parihar Aged About 31 Years R/o House No. 02, 231 In Front Of Shiv Mandir, Lalpur, Raipur, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through P.S. - Civil Lines, Raipur C.G. ... Respondent For Applicant : Mr. Tanmay Thomas, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.12.2025 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. 129/2025 registered at Police Station – Civil Lines District Raipur (C.G.), for the offences punishable under Sections 111, 317(2), 317(4), 317(5) and 3(5) of the BNS 2023. 2. The prosecution story in brief is that the present case arises from a complaint lodged by Civil Lines Police regarding alleged financial VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.16 12:00:37 +0530 2 irregularities and embezzlement at the Bank of Maharastra, Branch Raipur, wherein a total amount of Rs. 64,10,855/- during the period of 01.01.2024 to 11.01.2025, was fraudulently transacted through 128 bank accounts as proceeds of cyber fraud.It is alleged that out of the total amount of Rs. 64,10,855/-, an amount of Rs. 61,11,340 has been transacted from Bank Account No. 604860410187 at Bank of Maharashtra which is allegedly in the name of the applicant. During investigation, several account holders and agents who opened accounts on behalf of account holders have been implicated, including the present applicant Bharat Parihar, who works as a sales person at a footwear shop. It is alleged that the accused person is an account holder of bank account no. 604860410187 at Bank of Maharashtra, Raipur with registered mobile no.9111846895 and proceeds of fraudulent transactions has been done with the same bank account. The applicant was arrested on 26.03.2025 and has remained in judicial custody since then. A final report/charge sheet bearing No. 162/2025 dated 07.06.2025 has been filed before the competent court. The investigation has been concluded, and the applicant has cooperated during the course of proceedings. Accordingly, the applicant now seeks indulgence of this Hon'ble Court for grant of bail. 3. Learned counsel for the applicant submits that the applicant is wholly innocent and has been falsely implicated in the present case. Prima facie, no offence under the sections mentioned in the FIR is made out against the applicant, even as per the final report dated 07.06.2025. The applicant is an illiterate worker employed at a footwear shop and had no active role in any financial transaction or misuse of the banking system. The sole allegation against him is that certain amounts were 3 deposited in a bank account in his name, which were later withdrawn or transferred, whereas the material on record clearly indicates that the said account was operated by a co-accused and the applicant was merely a victim of fraud, lacking any mens rea or criminal intent. The investigation stands completed, the trial has not yet commenced, and considering the large number of prosecution witnesses, it is unlikely to conclude in the near future. The applicant has been in custody since 26.03.2025, therefore, he prays for grant of regular bail to the present applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed. In compliance with the order dated 12.11.2025 passed by this Hon’ble Court, the Investigating Officer has filed an affidavit stating that FIR No. 129/2025 was registered at Police Station Civil Lines, Raipur, for offences under the BNS, 2023, after the investigation revealed that 128 bank accounts of Bank of Maharashtra, Raipur Branch were used to receive proceeds of cyber fraud. The present applicant, Bharat Parihar, was found to be a mule account holder operating Account No. 60486410187, through which transactions amounting to approximately Rs. 61.11 lakh were credited and Rs. 61.10 lakh were debited within a short period. The said account was used for receiving amounts linked to online cyber fraud, including a specific complaint of Rs. 7,000/-. The memorandum statement of the applicant reveals that he knowingly opened the bank account and handed over the bank account kit to the co-accused persons in consideration of Rs. 5,000/-, thereby facilitating the commission of the offence. In view of the gravity of the offence and the active role of the applicant, it is prayed that the bail application be 4 rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case and upon due perusal of the affidavit filed by the concerned Investigating Officer, this Court finds that during investigation it has been revealed that as many as 128 bank accounts of Bank of Maharashtra, Raipur Branch were opened and used for receiving proceeds of cyber fraud, pursuant to which the present FIR came to be registered against the mule account holders and the matter was transferred for specialised investigation to Police Station Range Cyber, Raipur. It is further borne out from the record that the present applicant, Bharat Parihar, was a mule bank account holder of Bank of Maharashtra Account No. 60486410187, through which a substantial amount of Rs. 61,11,340/- was credited and Rs. 61,10,252/- was debited within a short span between 02.04.2024 and 31.12.2024. The said account was admittedly used for receiving amounts connected with online cyber fraud, including a specific complaint lodged by the victim Prem Prakash regarding cyber fraud of Rs. 7,000/-. The memorandum statement of the applicant clearly discloses that he knowingly opened the bank account at the instance of co-accused persons and handed over the bank account kit in consideration of Rs. 5,000/-, thereby consciously facilitating the commission of cyber fraud. Having regard to the gravity of the offence, the magnitude of the financial transactions involved, and the prima facie active role attributed to the applicant as a mule account holder, this Court is of the considered view that the applicant does not deserve the discretionary relief of bail. 5 Accordingly, the bail application stands rejected. 7. Accordingly, the bail application of the applicant namely, Bharat Parihar, involved in Crime No. 129/2025 registered at Police Station – Civil Lines District Raipur (C.G.), for the offences punishable under Sections 111, 317(2), 317(4), 317(5) and 3(5) of the BNS 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav