1 2026:CGHC:21220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3298 of 2026 Akash Kumar Barnwal S/o Shri Om Prakash Barnwal, Aged About 24 Years R/o Teacher Colony, Ward No. 12, Salempur, Distt. Deoria (U.P.) ... Applicant versus State of Chhattisgarh Through Azad Chowk Range Cyber Police Station Raipur Distt. Raipur (C.G.) (Correct Mentioned As Per Order Sheet) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.05.2026 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. 268/2025 registered at Police Station Azad Chowk/Cyber Range, District – Raipur (C.G.), for the offence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 08.09.2025, an unauthorized and fraudulent transfer of Rs. 58,05,000/- was made from the current account maintained with Federal Bank belonging to the complainant, Nitin Agarwal, owner of Crown Villa and Developers Pvt. Ltd., without his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.07 15:41:54 +0530 2 knowledge or consent. During the course of investigation conducted by the Range Cyber Police Station, Raipur, it was revealed that a substantial portion of the diverted amount, namely Rs. 18,05,000/-, had been credited directly into Utkarsh Small Finance Bank Account No. 1501020000000754, which is registered in the name of the present applicant, Akash Kumar Baranwal. Consequently, the applicant was arrested on 22.01.2026 and has been charged under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS) for dishonestly inducing delivery of property by deception. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits the applicant has no role to play in the commission of the alleged offence. The memorandum statement of the applicant was recorded while he was in police custody, which is hit by Section 23 of the Bharatiya Sakshya Adhiniyam (BSA). The alleged recovery of the bank account details is a matter of public record and digital trail, which by itself does not establish any guilty mind or active participation in the alleged conspiracy. He also submits that as per the memorandum, the applicant has only admitted to the existence of the bank account. There is no evidence to suggest that the applicant himself executed any phishing or hacking of the complainant’s account. The possibility of the applicant’s credentials being misused by the co- accused cannot be ruled out. He further submits that the mere credit of an amount into a bank account does not satisfy the ingredients of Section 318(4) of the BNS unless dishonest inducement by the applicant is specifically proved. The prosecution has failed to establish any direct link between the applicant and the complainant. The mobile phone seized from the applicant is already in the possession of the Cyber Cell for forensic analysis. Since the physical device is secured, the applicant’s 3 release will not hinder the technical investigation. He also submits that the main conspirators who allegedly executed the digital transfer remain at large or are still under investigation. The applicant, being a young individual with no prior criminal antecedents, ought not to be subjected to prolonged pre-trial detention for a role that appears, at best, peripheral. The police have already filed Charge Sheet No. 45/2026 before the Court of JMFC, Raipur. Since the evidence is primarily documentary in nature, including bank statements and KYC documents, and is already in the custody of the Court, there is no likelihood of the applicant tampering with the evidence. He submits that the present applicant has no criminal antecedents and he is in jail since 22.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that, in compliance of this Court’s order dated 10.04.2026, the concerned Investigating OfÏcer filed a personal afÏdavit stating that, during investigation, the bank account used in the alleged cyber fraud was found to be in the name of the present applicant, Akash Kumar Barnwal, resident of Deoria, Uttar Pradesh. It was revealed that an amount of approximately Rs. 18.05 lakhs, obtained through online financial cyber fraud, was deposited into his Utkarsh Small Finance Bank account, for which notices under the BNSS were issued and his memorandum statement was recorded. In his statement, the applicant allegedly admitted to receiving proceeds of crime in connivance with co-accused persons and stated that he had handed over his banking kit and SIM cards to an acquaintance for commission purposes. Investigation further revealed that Rs. 18,04,450.54/- was transacted through the said account within a short period, linked to a cyber fraud complaint registered 4 on the National Cyber Crime Reporting Coordination Portal/1930. The prosecution submits that the large-scale financial transactions, the applicant’s alleged involvement in facilitating fraudulent transfers, and his connection with other accused persons prima facie establish his role in an organized cybercrime syndicate. Considering the serious economic nature of the offence, deep-rooted conspiracy, and likelihood of repeated criminal conduct, it is submitted that the applicant is not entitled to grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the aforesaid facts and circumstances of the case, this Court notes that, in compliance with its order dated 10.04.2026, the concerned Investigating OfÏcer has filed a personal afÏdavit stating that, during investigation, the bank account used in the alleged cyber fraud was found to be in the name of the present applicant, Akash Kumar Barnwal, resident of Deoria, Uttar Pradesh. It has been revealed that an amount of approximately Rs. 18.05 lakhs, allegedly obtained through online financial cyber fraud, was deposited into the applicant’s Utkarsh Small Finance Bank account. The memorandum statement of the applicant further indicates his alleged involvement in receiving proceeds of crime in connivance with co-accused persons and handing over his banking kit and SIM cards for commission purposes. The investigation also reveals that substantial transactions amounting to Rs. 18,04,450.54/- were made through the said account within a short span, in connection with a registered cyber fraud complaint. Considering the magnitude of the financial transactions, the prima facie material demonstrating the applicant’s involvement in facilitating fraudulent transfers, his alleged nexus with other accused persons, and the serious economic nature of 5 the offence involving deep-rooted criminal conspiracy, this Court is of the considered opinion that no case for grant of bail is made out. 7. Accordingly, the bail application of the applicant - Akash Kumar Barnwal, involved in Crime No. 268/2025 registered at Police Station Azad Chowk/Cyber Range, District – Raipur (C.G.), for the offence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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 Abhishek