Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 10359 (CHH)

NARESH EKKA v. STATE OF CHHATTISGARH

MCRC/3385/2026 · 2026-05-03

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:20747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3385 of 2026 • Naresh Ekka S/o Rajaram Ekka Aged About 28 Years Present Address - Chandan Sahu Farm House Tikuliya Road, Gram Dhabadih, P S Bhatapara Gramin, District Balodabazar- Bhatapara Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Bhatapara (City), District Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Prachi Singh, Advocate For Respondent(s) : Ms. Vaishali Mahilong. Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/05/2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.399/2025, registered at Police Station- Bhatapara City, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2)A, 112 of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.06 11:13:28 +0530 2 BNS and Section 66(C) and (D) of Information Technology Act. 2. As per the prosecution is in a nutshell that an information was received through the cyber crime reporting portal that 50-60 bank accounts holder has been fraudulently opened in Indian Oversees Bank, Branch Bhatapara District Balodabazar- Bhatapara and illegal subject amount Rs. 1,14,000/- received by the accused persons. Based on such complaint, the concerned police station has registered FIR against accused persons, including the present applicant for commission of aforesaid offence punishable under section 314, 317(2), 317(4), 61(2)A, 112 of B.N.S. and 66 (C) (D) of I.T. Act. Hence this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The learned counsel for the applicant submitted that, according to the affidavit filed by the Investigating Officer in the concerned crime registered at Police Station Baikunthpur, District Korea (C.G.), the incriminating evidence collected during the investigation has been detailed. Specifically, in paragraph 8 of the affidavit, it is stated that the amount of ₹27,92,922.86 was credited to a bank account identified as a Maharashtra-based account, and that this account does not belong to the applicant. The applicant is in jail since 09.09.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that the applicant has no previous criminal antecedents and in compliance with the order dated 15.04.2026 passed by this Court, the concerned Investigating Officer has filed his personal affidavit and with regard to the submission made by learned counsel for the applicant, that, as per the said affidavit, particularly paragraph No.8, an amount of 27,92,922.86 is ₹ shown to have been credited to a bank account described as a Maharashtra-based account, which does not belong to the applicant. However, learned counsel for the applicant contends that this statement is incorrect, as the account in question is not a Maharashtra-based account but an account held with Indian Oversees Bank. It is further submitted that the name and description of the bank account have been wrongly mentioned in the affidavit, and in fact, the amount has been credited to the applicant’s account maintained with Indian Overseas Bank. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. In compliance of the Court’s order dated 15.04.2026, the Investigating Officer of the subject crime number, Police Station – Bhatapara, District – Baloda Bazar Bahatapara (C.G.), has filed his affidavit showing the incriminating evidence collected 4 against the applicant during the course of investigation, relevant paragraphs of the affidavit are quoted here as under: “4. That, the brief description of the case is that, on the basis of the information received from the National Cyber Crime Reporting Coordination Portal/1930, an Indian Overseas Bank Account Number 29010000015247 wherein, the Mobile Number 777131090 is registered is found to be in the name of the present accused applicant Naresh Ekka, Resident of Sahanpur, PS Sitapur, District Surguja and he has obtained a total of Rs. 1,14000/- by organizing an illegal scheme and using the bank accounts for the purpose of earning profit. On that basis, the crime has been registered and the matter has been taken into investigation. 5. That, during the course of investigation, the aforesaid bank account holder present accused applicant Naresh Ekka was summoned and interrogated and was taken into custody and his memorandum statement was recorded in front of the relevant witnesses wherein, he has categorically deposed the fact that, on 31.08.2024, he had opened the aforesaid bank account in Indian Overseas Bank, Branch at Bhatapara and he had also taken a new Mobile SIM Number 7771031090. It is further stated that, he was using the Dream 11 Application and was making Team in the said Application Dream 11. Thereafter, he has given the aforesaid bank account alongwith Passbook, Cheque Book and the aforesaid Mobile SIM to the accused Shubham Mandhan and the aforesaid bank account was being operated by the said accused Shubham Mandhan. 6. That, during investigation, it was revealed that, in the present case, at present total 02 accused persons i.e. the Shubham Mandhan and present accused applicant Naresh Ekka are involved in the subject crime and the allegation against them is very serious in nature like cyber crime/fraud with the various victims of the various States of the country and a huge transactions amount have been taken place from the aforesaid bank accounts of the accused persons within 5 a short span of time period through the online cyber fraud. 7. 7. That, during investigation, it was found that, total 02 online cyber complaint has been received by the various victims of the various States of the country in the National Cyber Crime Reporting Coordination Portal/1930 regarding online financial fraud/crime committed by the accused persons with them, the details whereof, are as under: - Acknowledgment State District Police Station 337110240053775 Telanghana Hyderabad Lunger House 23110240124422 Uttar Pradesh Binour Dhampur 8.That, during the course of investigation, it was revealed that, the total transaction of Rs. 27,92,922.86/- has been credited into the aforesaid Maharashtra Account of the present applicant within a short span of time period from the date of its opening and the total amount of Rs. 27,71,547.80/- has been withdrawn by the accused applicant from the aforesaid bank account which clearly shows that, the aforesaid bank account of the present accused applicant is actively involved for the illegal transactions of cyber crime money.” 7. Taking into consideration the facts and circumstances of the case, and from the perusal of the case diary, it is prima facie evident that the applicant was actively involved in an organized cyber fraud racket by providing his bank accounts as mule accounts for laundering proceeds of cyber crime and during the course of investigation, it was revealed that, tInformation from the National Cyber Crime Reporting Coordination Portal (1930) revealed that an Indian Overseas Bank account in the name of the applicant, Naresh Ekka, was used to obtain 1,14,000/- ₹ through an alleged illegal scheme, leading to registration of the 6 crime and investigation. During investigation, the applicant stated that he had opened the account and obtained a SIM card, but later handed over the account details, passbook, cheque book, and SIM to co-accused Shubham Mandhan, who operated the account. It was further found that both accused were involved in cyber fraud affecting victims across different States, with multiple transactions conducted through the said accounts, and two complaints have been received on the portal in this regard, hence, this Court is of the opinion that is not a fit case to grant regular bail to the applicant. 8. Accordingly, this bail application of applicant – Naresh Ekka, involved in Crime No.399/2025, registered at Police Station- Bhatapara City, District – Balodavazar-Bhatapara (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2)A, 112 of BNS and Section 66(C) and (D) of Information Technology Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali