1 2026:CGHC:2586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9613 of 2025 Ravi Kumar Tilwani S/o Lt. Lellaram Tilwani Aged About 49 Years R/o Ward No.69, Sai Mandir Mahadevghat, Raipur, P.S. Dd Nagar, District- Raipur,(C.G.) ... Applicant versus State Of Chhattisgarh Through- Ps. Rajim, District- Gariyaband C.G. ... Respondent For Applicant : Mr. Akash Mishra, Advocate. For Non-applicant/State : Mr. Vinod Kumar Tekam, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.01.2026 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.145/2025 registered at Police Station – Rajim District - VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.16 18:13:48 +0530 2 Gariyaband (C.G.), for the offences punishable under Sections 317(2), 317(4), 318(4), 61(2)(a), 3(5) of the BNS. 2. According to the prosecution, the concerned police station received information from the Cyber Crime Reporting Portal regarding the opening and use of mule bank accounts. Pursuant to the said information, an offence was registered under Sections 317(2), 317(4), 318(4), 61(2)(a) and 3(5) of the Bharatiya Nyaya Sanhita, bearing Crime No. 145/25. During the course of investigation, the applicant was arrested on 18.05.2025 on the allegation that he had persuaded the prime accused to open bank accounts in their own names for illegal purposes. Thereafter, the memorandum statement of the applicant was recorded. However, a perusal of the charge-sheet reveals that the applicant has been implicated solely on the basis of his memorandum, and there is no other material on record to connect him with the alleged offence. Further, no recovery or seizure has been effected pursuant to the said memorandum; therefore, in view of Section 23(2) of the Bharatiya Sakshya Adhiniyam, the memorandum itself is inadmissible in evidence. It is submitted that the applicant has been kept in custody merely on the basis of a theory drawn by the police, which is not supported by any cogent or reliable evidence. 3. Learned counsel for the applicant submits that the applicant is wholly innocent and has been falsely implicated in the present case. It is respectfully submitted on behalf of the applicant that 3 he has not committed any offence as alleged and has been falsely implicated in the present case on the basis of a false, baseless and fabricated prosecution story. The applicant was arrested on 18.05.2025 by Police Station Rajim, District Gariyaband (C.G.) for the alleged offences under Sections 317(2), 317(4), 318(4), 61(2)(a) and 3(5) of the BNS, and since then he has been in judicial custody despite his innocence. A perusal of the charge-sheet clearly reveals that the applicant has been implicated solely on the basis of his memorandum, and no recovery or seizure has been effected pursuant thereto; hence, in view of Section 23(2) of the Bharatiya Sakshya Adhiniyam, the said memorandum is inadmissible in evidence. Moreover, the essential ingredient of mens rea is completely absent from the entire material on record, not only against the applicant but also against the other accused persons. The investigation is already complete, the charge-sheet has been filed, and the trial has commenced, which clearly shows that no custodial interrogation of the applicant is required and no useful purpose would be served by keeping him incarcerated. Furthermore, the applicant is the sole bread earner of his family, and his continued detention is causing grave hardship to his dependents. In these circumstances, it is prayed that the applicant may kindly be enlarged on bail, subject to such terms and conditions as this Hon’ble Court may deem fit and proper. 4. Learned State Counsel strongly opposes the bail application and 4 submits that the charge-sheet has already been filed and, in compliance with the order dated 26.11.2025 passed by this Hon’ble Court, the Investigating Officer has placed on record an affidavit detailing the role of the present accused applicant in the commission of the offence. It is contended that during investigation, the applicant was interrogated and his memorandum statement was recorded, wherein he disclosed that he facilitated the opening of multiple bank accounts for illegal purposes in exchange for monetary gain, procured bank account kits, ATM cards and SIM cards from various persons, and earned substantial profit from the said transactions. The prosecution further submits that mobile phones and SIM cards used in the commission of the offence have been seized from the possession of the applicant, and that multiple complaints have been received through the Cyber Crime Reporting Portal from victims across different States, revealing large-scale fraudulent transactions. It is also submitted that huge amounts running into several crores of rupees were credited and withdrawn from the said accounts within a short span, clearly indicating the organized nature and gravity of the offence. Learned State Counsel further contends that if the applicant is released on bail, there is a serious likelihood of his absconding, tampering with evidence, influencing witnesses, and repeating similar cyber offences, which would adversely affect the investigation and disturb public confidence. Therefore, considering the seriousness 5 of the allegations, the magnitude of the crime, and the potential threat to society, the State prays that the bail application be 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 there is prima facie material on record to show the active involvement of the present applicant in the commission of the alleged offences. The memorandum statement of the applicant reveals that he played a key role in arranging and facilitating the opening of multiple bank accounts for illegal purposes in lieu of monetary gain, and further procured passbooks, ATM cards, SIM cards and account kits from various persons, thereby earning substantial profit from each such transaction. During investigation, mobile phones and SIM cards connected with the offence have also been seized from the possession of the applicant. The record further discloses that several complaints have been lodged by victims from different States through the Cyber Crime Reporting Portal and that huge amounts running into several crores of rupees were credited and withdrawn from the said bank accounts within a short span, clearly indicating the organized, systematic and serious nature of the offence. The applicant has been arrested after considerable efforts by the police, and in the opinion of this 6 Court, there exists a real and reasonable apprehension that if the applicant is released on bail, he may abscond, tamper with evidence, influence witnesses and repeat similar cyber offences, thereby adversely affecting the administration of justice and causing serious prejudice to society at large. In view of the gravity of the allegations, the magnitude of the financial fraud involved, and the potential threat posed by the applicant to the fair conduct of the trial, this Court does not find it a fit case for grant of bail. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant namely Ravi Kumar Tilwani, involved in Crime No. 145/2025 registered at Police Station – Rajim District - Gariyaband (C.G.), for the offences punishable under Sections 317(2), 317(4), 318(4), 61(2) (a), 3(5) of the BNS, 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