1 2025:CGHC:60606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10276 of 2025 Kamal Kuchwaha S/o Kashiram Aged About 41 Years R/o H. No. 206/207, Sector-03, Devendra Nagar Ward No. 22, P.S. Devendra Nagar, Raipur Distt. Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Ganj, District Raipur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Bharat Lal Dembra, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.12.2025 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. 79/2025 registered at Police Station– Ganj, District Raipur, (C.G.), for the offence punishable under Sections 111, 317(2), 317(4), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the applicant and other co- accused were involved in cyber fraud and thus they committed fraud of Rs. 27,27,556/-. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that the entire case against the applicant is false, baseless, and fabricated, based solely on incorrect facts created by the police. He submits that the applicant is not named in the FIR and there is no direct evidence against the applicant. He also submits that he has no any previous criminal antecedent and he is in jail since 26.03.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present case arises out of a serious economic offence involving cyber fraud. He submits that the concerned police station received credible information from the Cybercrime Reporting Portal regarding the operation of a mule account used for defrauding of Rs. 27,27,556/- innocent individuals. Based on this information, an offence was registered under Sections 111, 317(2), 317(4), 317(5), and 3(5) of the BNS, bearing Crime No. 79/25. During the course of investigation, the applicant was arrested on 26.03.2025 pursuant to the memorandum of the co-accused. He also submits that bail application of the other co-accused persons, namely, Ayush Pandey, Arif Mandavi, N. Nikhil and Manish Dodwani, have been rejected by this Court in MCRC Nos. 9504/2025, 9101/2025, 4307/2025 and 4538/2025, vide orders dated 24.11.2025, 18.11.2025, 30.06.2025 and 30.06.2025 respectively and as such, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing 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 allowed his bank account and documents to be used in a cyber-fraud wherein an amount of Rs.27,27,556/- was routed through multiple accounts, including his, for wrongful gain, further considering the fact that the case papers and his own admission indicate his prima facie involvement in facilitating the transfer of fraudulently obtained money, also considering the fact that the bail application of the other co-accused persons, namely, Ayush Pandey, Arif Mandavi, N. Nikhil and Manish Dodwani, have been rejected by this Court in MCRC Nos. 9504/2025, 9101/2025, 4307/2025 and 4538/2025, vide orders dated 24.11.2025, 18.11.2025, 30.06.2025 and 30.06.2025 respectively, 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 the applicant – Kamal Kuchwaha, involved in Crime No. 79/2025 registered at Police Station– Ganj, District Raipur, (C.G.), for the offence punishable under Sections 111, 317(2), 317(4), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail expeditiously. 9. OfÏce 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 Rahul Dewangan