1 2026:CGHC:22087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3211 of 2026 Ritesh Ganesh Barhate S/o Ganesh Barhate Aged About 31 Years (Age Of The Applicant Not Mentioned In The Order Sheet) R/o House No. 07, Vrindavan Society Meri Mahsarul Dindori Naka, P.S. Mahsarul, Dist- Nasik (M.H.) ... Applicant versus State of Chhattisgarh Through OfÏcer-In-Charge, Police Station Range Cyber Raipur, (Name Of P.S. Not Mentioned Properly In The Order Sheet), District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.05.2026 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. 13/2024 registered at Police Station– Range Cyber Raipur, District- Raipur, (C.G.), for the offence punishable under Sections 318(4), and 3(5) of the Bhartiya Nyaya Sanhita, 2023, and under Section 66(D) of the Information Technology Act, 2000. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that the complainant Rahul Singh submitted a written complaint before the Police Station Incharge, Range Cyber, Raipur, alleging that on 13.06.2024 he joined a WhatsApp group namely “C5 Motilal Oswal Private Wealth OfÏcial” through a Facebook link, wherein persons namely Nitin Shanbhag and Shivangi Sarda were acting as group administrators. It is alleged that in the said group, the admins used to provide stock market tips, IPO related information and induced the members by offering shares at discounted rates and assuring large IPO allotments. Thereafter, on 27.06.2024, the complainant was allegedly asked to fill an online form containing his personal details and was further induced to download a fake trading application through which fictitious profits were shown to him. Acting upon such representations, the complainant allegedly transferred a total amount of Rs.18,15,442/- between 02.07.2024 and 09.08.2024 into different bank accounts provided through the application and WhatsApp messages. Subsequently, the complainant was removed from the WhatsApp group and all communications were discontinued. During the course of investigation, it was allegedly found that an amount of Rs.1,00,000/- was transferred on 27.07.2024 into the UCO Bank account of the present applicant/accused Ritesh Ganesh Barhate and despite issuance of notice under the relevant provisions of BNSS, he neither responded nor produced any documents before the investigating agency. On the basis of the aforesaid allegations, the present applicant was implicated in the alleged offence, arrested and remanded to judicial 3 custody. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case and has not committed any offence as alleged by the prosecution. It is further submitted that the applicant has no criminal antecedents and no previous criminal record to his credit. He submits that the prosecution has failed to establish that the applicant had any knowledge regarding the commission of the alleged cyber fraud or that he was aware that his bank account would be used for any illegal activity. It is submitted that the applicant was contacted by certain persons on the pretext of providing a personal loan and during the said process his documents were obtained for KYC purposes, which were subsequently misused and forged by unknown persons. He further submits that the applicant is a young person and has already remained in jail for more than two months and his continued incarceration would seriously prejudice his future career as well as his family. It is also submitted that the investigation has already been completed, charge-sheet has been filed and no further custodial interrogation of the applicant is required. Looking to the nature of evidence and the fact that the trial is likely to take considerable time for its conclusion, 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 cyber financial fraud wherein the complainant was 4 induced through a fake WhatsApp investment group and fraudulent trading application to part with an amount of Rs.18,15,442/-. It is further submitted that when the matter was taken up for hearing on 09.04.2026, this Hon’ble Court directed the Investigating OfÏcer to file a personal afÏdavit disclosing the evidence collected against the present applicant and in compliance thereof, the Investigating OfÏcer has filed his detailed afÏdavit before this Hon’ble Court. Learned State counsel submits that during investigation, the bank account used in the commission of offence was found to be in the name of the present applicant namely Ritesh Ganesh Barhate and the linked mobile number was also found registered in his name, pursuant to which notices under the relevant provisions of BNSS were issued to him. It is further submitted that during interrogation and in his memorandum statement recorded before witnesses, the present applicant admitted that he had handed over the ATM card, cheque book, banking kit and SIM card of his UCO Bank account to co-accused persons namely Sachin Koli, Sunil Umariya and Prashant Bati for consideration of Rs.10,000/- knowing fully well that the same would be used for fraudulent activities and that he had utilized the said amount for his personal expenses. She further submits that investigation has revealed that an amount of Rs.2,16,63,166/- was credited into the said bank account between 01.07.2024 to 10.08.2024 and total transactions amounting to Rs.2,16,70,990/- were carried out within a short span of time through cyber financial fraud involving victims from different States across the country. It is also submitted that as many as 16 cyber 5 complaints have been registered on the National Cyber Crime Reporting Portal/1930 against the accused persons in relation to similar fraudulent transactions. She submits that the material collected during investigation clearly indicates the prima facie involvement of the present applicant in a deep-rooted criminal conspiracy involving large-scale financial fraud and misappropriation of public money and considering the gravity and serious nature of the offence, the present 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 allegations levelled against the present applicant, and the fact that the present case pertains to a well-organized and deep-rooted cyber financial fraud wherein innocent persons were induced through fake WhatsApp investment groups, forged trading applications and false assurances relating to IPO allotments and stock market investments to part with huge amounts of money. This Court further takes into consideration the afÏdavit filed by the Investigating OfÏcer pursuant to the order dated 09.04.2026 passed by this Court, wherein specific material collected during investigation against the present applicant has been disclosed. The investigation reveals that the bank account used for receiving the proceeds of crime was found to be registered in the name of the present applicant and the linked mobile number was also found 6 connected with him. This Court further takes note of the memorandum statement of the applicant wherein he admitted that he had handed over the ATM card, cheque book, banking kit and SIM card to co-accused persons namely Sachin Koli, Sunil Umariya and Prashant Bati for monetary consideration of Rs.10,000/- and the said articles were knowingly used for fraudulent transactions. The investigation further discloses that an amount of Rs.2,16,63,166/- was credited and a total amount of Rs.2,16,70,990/- was transacted through the said bank account within a short span of time and as many as 16 cyber fraud complaints from victims belonging to different States have been registered against the accused persons on the National Cyber Crime Reporting Portal/1930. Considering the serious economic nature of the offence, the prima facie material available on record indicating active involvement and connivance of the present applicant in the commission of the alleged offence, 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 – Ritesh Ganesh Barhate, involved in Crime No. 13/2024 registered at Police Station– Range Cyber Raipur, District- Raipur, (C.G.), for the offence punishable under Sections 318(4), and 3(5) of the Bhartiya Nyaya Sanhita, 2023, and under Section 66(D) of the Information Technology Act, 2000, is rejected. 7 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