1 2026:CGHC:21221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3280 of 2026 Pawan Sakharam Burkul S/o Sakharam Burkul Aged About 23 Years R/o Gram Chitli Putli, P.S. Maujpuri, Distt.-Jalana (M.H.) ... Applicant versus State of Chhattisgarh Through Police Station- Telibandha District- Raipur (C.G.) (As Per Fir And Charge-sheet) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-Applicant/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A. 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. 228/2025 registered at Police Station– Telibandha District- Raipur, (C.G.), for the offence punishable under Sections 318(4), and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that during the period from 22.12.2024 to 11.04.2025, the present applicant was involved in certain financial transactions connected with the alleged offence, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 wherein an amount of Rs.2,00,000/- was allegedly transferred/handled in two installments of Rs.1,00,000/- each. It is further alleged that the applicant, along with other co-accused persons, acted in furtherance of their common intention and thereby committed the alleged offence. The prosecution case rests mainly upon certain financial transaction details, bank entries/records, and other documents collected during the course of investigation, on the basis of which the present applicant has been implicated in the instant crime for the offences punishable under Sections 318(4) and 3(5) of the BNS. Hence, the FIR was registered against the applicant. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no role to play in the commission of the alleged offence. It is further submitted that the allegations against the applicant are purely financial in nature and do not involve any element of violence or threat to society. He submits that no transaction had taken place in the bank account of the applicant and that the applicant was not actively involved in the alleged offence, rather the main role, if any, is attributed to the co-accused persons. He further submits that the entire alleged amount of Rs.2,00,000/- has already been returned by the applicant to the complainant and the matter has been amicably compromised between the parties, in respect of which a covering memo/compromise document has also been filed by the counsel for the applicant before this Hon’ble Court. It is further submitted that the charge-sheet has already been filed and the 3 applicant is a young boy aged about 23 years, he is a law-abiding citizen having no criminal antecedents, and is the sole breadwinner of his family, and he is in jail since 22.01.2026 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 and submits that the present case pertains to a serious and organized online financial fraud wherein the complainant, namely Satyendra Shrivastava, was allegedly cheated of an amount of Rs.32,10,460/- through WhatsApp group communications, call chats, and other online means during the period from 22.12.2024 to 11.04.2025. It is submitted that the matter was heard by this Hon’ble Court on 10.04.2026 and, after hearing the parties, this Hon’ble Court was pleased to direct the Investigating OfÏcer to file his personal afÏdavit disclosing the material and evidence collected against the present applicant, in compliance whereof the afÏdavit has been filed before this Hon’ble Court. He submits that during investigation it was revealed that an amount of Rs.2,00,000/- in two installments of Rs.1,00,000/- each was transferred into the bank account of the present applicant maintained in IDFC First Bank and that the said transactions form part of the cheated amount obtained from the complainant through online fraud. It is further submitted that during investigation, the statements of the complainant and other witnesses were recorded, wherein it surfaced that several persons, including one Siddharth Shukla, Soumya Agrawal, and Samar, acting through different mobile numbers, induced the 4 complainant to transfer huge amounts in different bank accounts on the false pretext and thereby committed cyber fraud. He further submits that upon obtaining CAF details from the service providers, the investigating agency traced the mobile numbers and bank account details connected with the fraudulent transactions, and it was specifically found that the present applicant, namely Pawan Sakharam Burkul, had received the cheated amount in his bank account. It is further submitted that the present applicant was duly summoned during investigation and notices under the provisions of the BNSS, 2023 were issued to him for interrogation regarding the suspicious transactions and operation of the bank account. Learned State Counsel submits that during interrogation and in his memorandum statement, the present applicant categorically admitted that one Manoj Kate had allured him to sell his bank account and SIM card in lieu of monetary consideration of Rs.1,00,000/- and accordingly the applicant knowingly handed over his bank account details and SIM card to the said co-accused at Mumbai for illegal use in cyber fraud activities. It is also submitted that during investigation it was further revealed that as many as six cyber fraud complaints from different States, namely Haryana, Uttar Pradesh, Karnataka, Maharashtra, Chhattisgarh, and Telangana, have been registered on the National Cyber Crime Reporting Portal/1930 against the accused persons in relation to similar online financial fraud transactions, which clearly demonstrates the organized and interstate nature of the offence. He therefore submits that the present applicant was an active participant in the 5 commission of the offence and considering the gravity and seriousness of the allegations, the manner in which the offence has been committed, the material collected during investigation, and the involvement of the applicant in facilitating cyber fraud transactions by providing his bank account and SIM card, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the material collected during investigation, as well as the afÏdavit filed by the Investigating OfÏcer pursuant to the order dated 10.04.2026 passed by this Court, and further the fact that though learned counsel for the applicant has submitted that the amount of Rs.2,00,000/- alleged to have been transferred in the account of the applicant has subsequently been returned to the complainant and that the matter has been amicably compromised between the parties, however, merely on the basis of such compromise or return of money, the seriousness of the allegations cannot be ignored, particularly when the offence pertains to organized cyber and online financial fraud affecting not only the present complainant but also several other victims across different States of the country. From the material available on record and the afÏdavit of the Investigating OfÏcer, it prima facie appears that the complainant was cheated of a substantial amount of Rs.32,10,460/- through online means including WhatsApp groups and call chats, 6 and during investigation it was specifically found that an amount of Rs.2,00,000/- forming part of the cheated amount was transferred in two installments into the bank account of the present applicant maintained in IDFC First Bank. The investigation further reveals that after obtaining CAF details and bank account information, the involvement of the present applicant surfaced and notices under the provisions of the BNSS, 2023 were issued to him for interrogation regarding the suspicious transactions. Further, in his memorandum statement, the applicant himself admitted that he had handed over/sold his bank account and SIM card to co-accused Manoj Kate for monetary consideration of Rs.1,00,000/-, thereby facilitating the commission of cyber fraud activities. The afÏdavit further discloses that as many as six cyber complaints from different States including Haryana, Uttar Pradesh, Karnataka, Maharashtra, Chhattisgarh and Telangana have been registered on the National Cyber Crime Reporting Portal/1930 in relation to similar fraudulent activities committed by the accused persons, which prima facie demonstrates the organized and interstate nature of the crime. Thus, looking to the gravity of the offence, the modus operandi adopted by the accused persons, the prima facie involvement of the applicant reflected from the financial transactions and his own memorandum statement, as well as the larger impact of such cyber offences on society, 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 – Pawan Sakharam Burkul, involved in Crime No. 228/2025 registered at 7 Police Station– Telibandha District- Raipur, (C.G.), for the offence punishable under Sections 318(4), and 3(5) 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 Rahul Dewangan