1 2025:CGHC:60423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8674 of 2025 Ashish Verma S/o Yagyanarayan Verma Aged About 35 Years R/o Village- Chainpur Wielding Road, P.S.- Manendragarh District- M.C.B. (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The S.H.O. Police Station - Rajpur, District- Balrampur Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rakesh Kumar Manikpuri as well as Mr. Sandeep Shrivastava, Advocates. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 157/2025, registered at Police Station Rajpur, District- Balrampur Ramanujganj (CG) for the offence 2 punishable under Sections 111, 317(2), 3174), 317(5) of BNS. 2. The prosecution story in brief, is that Crime No. 157/2025, co- accused Vishal Paikara received a total of Rs.9,45,787/- in his three bank accounts (SBI, Central Bank and Union Bank) through online fraud. He, along with his associate Ashish Verma (the present applicant), habitually used these mule accounts to receive money obtained by cheating from different states, knowing that the funds were fraudulently acquired. Vishal would withdraw half of each transaction amount in cash and hand it over to Ashish Verma. The materials collected during investigation show that the applicant Ashish Verma used his mule account to receive online fraud money. He was absconding after the incident and was arrested on 06.10.2025. In his memorandum statement, he admitted purchasing a Royal Enfield Bullet motorcycle, an Itel mobile, and spending the remaining amount on personal expenses. Based on his disclosure, a Bullet motorcycle and two mobile phones were seized. The applicant is facing charges under Sections 111, 317(2), 317(4), 317(5) BNS, including Section 317(4). Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the applicant has no direct involvement in the alleged offence and that no independent or credible evidence links him to any fraudulent transactions. The memorandum statement 3 recorded by the police is inadmissible under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, as it was obtained while in police custody and lacks independent corroboration. Further, the alleged recovery of a motorcycle and mobile phones does not establish any connection with the alleged proceeds of crime, and such recoveries alone cannot prove guilt in the absence of substantive evidence. He also submits that the applicant was never absconding and remained available at his permanent address, fully cooperating with the authorities; thus, the allegation of abscondence is incorrect and baseless. He is a young man from a respectable family, and his false implication in this case would irreparably damage his and his family's reputation. Continued incarceration with hardened criminals would severely impact his future prospects and mental well-being. The applicant is in jail since 06.10.2025 and the trial is likely to take some time for its conclusion. 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 the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is alleged to have used a mule bank account to receive money obtained through online fraud in coordination with co-accused Vishal Paikara. It is further alleged that he received a share of the fraud amount in cash and used part of the proceeds to purchase a motorcycle and mobile phones. Moreover, the bail 4 application of co-accused Vishal Paikra has already been rejected by this Court vide order dated 19.11.2025 in MCRC No.8500 of 2025, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is alleged to have been part of an online fraud racket in which co-accused Vishal Paikara received fraudulent amounts in multiple bank accounts, the appplicant knowingly accepted a share of the cheated money, used mule accounts to help conceal the origin of the funds, and received cash withdrawn from those accounts, which he used to purchase a motorcycle and mobile phones, further considering the fact that the bail application of co-accused, Vishal Paikra has already been rejected by this Court vide order dated 19.11.2025 in MCRC No.8500 of 2025, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Ashish Verma, involved in Crime No. 157/2025, registered at Police Station Rajpur, District- Balrampur Ramanujganj (CG) for the offence punishable under Sections 111, 317(2), 3174), 317(5) of BNS, is rejected. 5 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil