1 2026:CGHC:7915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.10310 of 2025 Mohammad Basheer Suleman S/o Suleman Abdlahi Aged About 23 Years Address: Birnin Kebbi, State Abuja, Nigeria. Present Address Boys Hostel, Kalinga University Hostel, New Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The P.S. Gudhiyari, Raipur, Distt. Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. N. Naha Roy, Advocate. For Non-Applicant/State : Mr. SS Baghel. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.02.2026 1. This is the 1st 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 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.18 14:44:53 +0530 2 Crime No.17/2025 registered at Police Station – Gudhiyari, District- Raipur(C.G.), for the offence under Sections 318(4), 111 and 3(5) of the BNS, 2023. 2. Briefly stated, the prosecution story is that the Applicant is citizen of Nigeria and is in India for the purpose of studies. He is admitted in the course of B. Pharmacy in the Kalinga University at Raipur (CG). The course is for a period of four years from the year 2023. It is alleged that from 17.03.2024 to 27.09.2024, the complainant namely Umakant Verma was allegedly induced by the unknown persons through WhatsApp messages sent from a mobile number 9690047185 to make investments to the tune of Rs. 50,00,000 in total with assurance of 30% profit against doing free tasks by liking products on the Amazon App and sharing screenshots to win cashbacks. Based on these allegations, the aforesaid offences have been registered against the present Applicant. Hence this application. 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 Applicant has been in judicial custody since 24.01.2025, the investigation has been completed, and the charge-sheet has already been filed, yet there has been no substantial or speedy progress in the trial. 3 It is contended that continued incarceration of the Applicant in such circumstances is unwarranted and the Applicant deserves to be considered for release on bail. It is further argued that the mandatory constitutional safeguard of communicating the grounds of arrest to the accused, as required under Article 22(1) of the Constitution of India and reiterated by the Hon’ble Supreme Court, has not been complied with in the present case. According to learned Counsel, such non-compliance vitiates the arrest and renders the continued detention of the Applicant legally unsustainable. It is lastly submitted that the trial is likely to take considerable time, therefore, the Applicant may be granted regular bail. 4. Learned State Counsel opposes the bail application and submits that the material collected during investigation clearly points towards the involvement of the Applicant in the alleged offence. He further submits that in compliance of order dated 21.01.2026, the concerned Investigating Officer has filed his personal affidavit. It is contended that the mere fact that the charge-sheet has been filed and the trial is taking time does not by itself justify release on bail in the present circumstances. Learned State Counsel further submits that the plea regarding non-communication of the grounds of arrest is not tenable at this stage. It is also brought to the 4 notice of the Court that multiple criminal cases are registered against the Applicant in different parts of the country, reflecting a continuing pattern of unlawful conduct and raising a reasonable apprehension that, if released, the Applicant may again indulge in similar activities or avoid the course of justice. On these grounds, rejection of the bail application is prayed for. 5. Heard learned Counsel for the parties and perused the case diary carefully. 6. The relevant portion of the personal affidavit filed by the concerned Investigating Officer reads as under:- “5. During investigation, it was revealed through the Cyber Crime Portal (1930), Acknowledgement No. 33308240015583, that Canara Bank Account No. 112000268625 received amounting to 50,34,451, out of which ₹50,06,469 was suspicious transactions transferred to other accounts within a short period. The said account was found to be registered and operated in the name of Muhammad Basheer Suleman, S/o Suleman Abdullahi, a resident of Nigeria, presently residing at Boys Hostel, Kalinga University, New Raipur. 6. The accused admitted during investigation that he sold his bank account, ATM card, and passbook to his associate Mustafa, for monetary gain, knowing that the account would be used for illegal activities. Two other foreign students similarly sold their bank accounts, which were also used for fraud. The accused failed to cooperate fully with the investigation and admitted his involvement. He was arrested on 24.01.2025 after due compliance of legal formalities. It was further found that the said bank account is linked with 15 separate cyber fraud complaints registered across various states. Charge sheets and supplementary charge sheets have 5 been filed against the accused persons. The case is currently pending before the Honorable Judicial Magistrate First Class, Raipur. The arrest of other accused is pending, and there is a strong apprehension that the accused may abscond or influence witnesses if released on bail. 6. A memorandum statement of the accused was recorded as narrated by Jitesh Kumar Mahant, staff of Kalinga University, after translating the statement from Hindi to English, in the presence of independent witnesses. In his statement, the accused stated that he came to India from Nigeria on 09.02.2022 for studies at Kalinga University, New Raipur, and opened Canara Bank Account No. 112000268625 in his name. He admitted that in the year 2023, he handed over and sold his bank account, ATM card, and passbook to his friend Mustafa for monetary gain, knowing that the account would be used for illegal activities. He further stated that two other students also provided their bank accounts to the said Mustafa, which were used for fraudulent transactions. The accused admitted his involvement and stated that he does not possess any bank-related documents and has no information regarding the present whereabouts of Mustafa.. 7. That, the accused did not cooperate as expected in the investigation and admitted to causing the incident with the complainant. They were given pre-arrest information and were duly informed of the reasons for the arrest and were arrested on 24.01.2025. Information was given to Sandeep Gandhi, Registrar of Kalinga University and he was given a report to inform their families and Ministry of External Affairs, regarding the said arrested accused. A total of 15 separate online fraud report have been registered in various States of the Country on the Cyber Police Portal against the said accused Canara Bank Account Number 1120000686625. The details of the online fraud reports are, as under:- Acknowledgment No. State District Police Station Category 21109240021447 Gujrat Anand Khambat Rural Online financial fraud. 6 21111240028917 Gujrat Anand Khambat Rural Online financial fraud. 31306240023333 Haryana Bhiwani Cyber Crime Police Station Bhiwai Online financial fraud. 31107240101937 Gujrat Surat City Athwaline Online financial fraud 31108204131352 Gujrat Rajkot City Malviya Nagar Online financial fraud. 31207240003797 Himachal Pradesh Shimla Rampu- Bushehar Online financial fraud. 31306240032861 Haryana Rewari Cyper Police Station South Range Rewari Online financial fraud. 31506240013656 Kerala Ernarkulam Rural Varapuzh a Online financial fraud. 31606240043914 Karnataka Banglore City Girinagar Online financial fraud. 31606240043916 Karnataka Bangalore City Girinagar Online financial fraud. 31906240086524 Maharasht ra Mira Bhayandar Vasai Virar Police Commissio ner Bhayanda r Online financial fraud. 31906240089864 Maharasht ra Brihan Mumbai City Cyber Police Station East Region 32906240018071 Tamil Nadu Puliant hope Online financial fraud 33206240010806 West Bengal Purba Medinpur Junpur Costal PS Online financial fraud 33706240032687 Telangana Rachakond a Cyber Crime PS Online financial fraud.” 7 7. On perusal of the affidavit of the Investigating Officer, this Court finds that during investigation it was revealed through the Cyber Crime Portal that a substantial amount exceeding Rs. 50 lakhs was credited into the bank account operated in the name of the present Applicant, out of which a major portion was immediately transferred to other accounts in suspicious transactions and the said account has been linked with multiple cyber fraud complaints registered across different States of the country. The material further indicates that the accused had knowingly handed over and sold his bank account, ATM card and passbook to an associate for monetary gain with full awareness that the same would be used for illegal activities and similar acts were committed in connivance with other persons. The nature of allegations and the modus operandi disclose involvement in organized cyber fraud of considerable magnitude, reflecting a well-planned financial crime carried out through digital means, causing substantial monetary loss and public harm and adversely impacting the banking system. Charge-sheet and supplementary charge-sheet have already been filed, while arrest of other co-accused is still pending and there exists a reasonable apprehension of the accused absconding or influencing witnesses if released on bail. Considering the 8 seriousness of the offence, the scale of financial fraud and without expressing any opinion on the merits of the case, this Court is not inclined to grant the benefit of regular bail to the Applicant. 8. Accordingly, the bail application of the Applicant – Mohammad Basheer Suleman involved in Crime No.17/2025 registered at Police Station – Gudhiyari, District- Raipur(C.G.), for the offence under Sections 318(4), 111 and 3(5) of the BNS, 2023, is hereby rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya