Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 20187 (CHH)

BHUMIKA NAYAK v. STATE OF CHHATTISGARH

MCRC/4604/2026 · 2026-05-14

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:23258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4604 of 2026 Bhumika Nayak D/o. Abhiram Nayak Aged About 24 Years Address- 27, F.C.I. Raod Dal Dal Sivali Mowa Saddu Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Civil Lines, Raipur District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Akash Mishra, Advocate. For Respondent(s) : Ms. Vaishali Mahilang, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2026 1. The applicant has preferred this Second Bail Application under Section 483 of BNSS for grant of regular bail, as he has been arrested in connection with Crime No. 129/2025, registered at Police Station- Cyber Range, Civil Lines, Raipur, District : Raipur 2 (C.G.) for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. The First bail application of the applicant was rejected by this Court passed MCRC No. 10404/2025, vide order dated 11.03.2026, on merits. 3. Case of the prosecution, in brief, is that an information was received at police station Civil Lines Raipur, whereby on 23.03.2025 upon considering the information received from Cyber Range Police Station Raipur for actions against the mule account holders through the coordination portal operated by Home Ministry, Government of India, prima facie crime U/s 317(2), 317(4), 317(5), 111 & 3(5) of B.N.S. 2023 was found to have been committed, therefore the crime was registered and was taken up for investigation. That, the information reflects in the Coordination Portal of the Indian Cyber Crime Coordination Center which in operated by the Home Ministry. Government of India, which is a comprehensive guide for sharing information as to Cyber Crime for the purpose of investigation by the Police, upon receiving such information of the mule account which is being used for disbursing, utilizing and enriching the amount obtained from the Cyber Fraud, therefore such information related to Cyber Fraud was collected from the Coordination Portal, in which a total of 128 Bank Accounts of the Bank of Maharashtra Raipur Branch were found to have deposits of Rs. 64,10,855/- till 11.01.2025, which had been obtained by way of Cyber Fraud. Upon receiving the 3 said information and having reason to believe that the amount is being used, concealed or disposed for the purpose of Cyber Fraud with respect to the aforesaid bank accounts, the offence was registered and taken up for investigation. Hence, this application. 4. Learned counsel for the applicant submit that the applicant is innocent and he has been falsely implicated in this case. He also submits that co-accused, namely, Gaurav Machkhand, has already been granted bail by this Court vide order dated 06.05.2026 passed in M.Cr.C. No. 3339/2026 on the ground of parity that the co-accused person Namely, Ishika Singh has granted bail by the Hon’ble Supreme Court in Criminal Appeal (SLP) No. 4494 of 2025 and subsequently other co-accused persons namely, Avinash Tandekar and Ashish Kalwani were granted bail by this Court in MCRC No. 148 of 2026 and MCRC No. 497 of 2026 vide orders dated 08.01.2026 and 14.01.2026 on the ground of parity and the case of the present applicant is also similar to that of the co-accused persons therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned counsel for the State vehemently opposed the bail application and submitted that though the Hon’ble Supreme Court has granted bail to one of the co- accused, namely Ishika Singh, and thereafter, on the ground of parity, certain other co-accused persons were also enlarged on 4 regular bail by this Court, however, the case of the present applicant stands on a different footing. It is submitted that the bail applications of the co-accused, Sahil Jethwani along with others, were considered and rejected by the Hon’ble Supreme Court in a batch of matters arising out of SLP (Crl.) No.166/2026. Learned State counsel further submitted that while rejecting the said petitions, the Hon’ble Supreme Court was pleased to direct the learned trial Court to conclude the trial expeditiously within a period of three months. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. It has been brought to the notice of this Court that after rejection of first bail application of co-accused, Sahil Jethwani by this Court vide order dated 26.06.2025 passed in MCRC Nos. 4906/2025, the said co-accused has preferred Special Leave to Appeal (Crl.) No.166/2026 before the Hon’ble Supreme Court along with other co-accused persons, which too came to be rejected vide order dated 02.04.2026. The Hon’ble Supreme Court while rejecting the said petition had directing the concerned trial Court to expedite the trial and conclude the same preferably within a period of three months from the date of passing of the order. So far as the status of the trial is concerned, the statement of only Investigating Officer is left to be recorded and the next date fixed for recording of evidence i.e. 18.05.2026, this Court is not inclined to entertain the present bail application. In view of the rejection of bail by the 5 Hon’ble Supreme Court, the absence of any substantial change in circumstances and considering the gravity of the allegations, this Court finds no ground to grant bail to the present applicant. 8. It is also pertinent to note that in another similar matter arising out of the same crime number i.e. 129/2025 registered at Police Station Cyber Range, Raipur, this Court has on 13.05.2026, rejected the second bail applications of the co-accused, Ajay Sahu. Therefore, on the ground of consistency as well, no case for grant of bail is made out in favour of the present applicant. It is further noteworthy that the second bail applications of other co- accused persons, namely Harsh Soni, Sanjay Jaswani and Nikhil Chawla, which were listed on 12.05.2026, have also been rejected by this Court passed in MCRC Nos. 4405/2026, 4416/2026 and 4411/2026, respectively. 9. Considering the aforesaid facts and circumstances of the case, particularly the fact that the bail application of the co-accused, namely, Sahil Jethwani in a batch of matters arising out of SLP (Crl.) No.166/2026 and connected cases has already been rejected by the Hon’ble Supreme Court vide order dated 02.04.2026, with a specific direction to the trial Court to expedite and conclude the trial preferably within a period of three months from the date of passing of the order, as such, this Court is not inclined to entertain the present bail application. In view of the rejection of bail by the Hon’ble Supreme Court, the absence of any substantial change in circumstances and considering the 6 gravity of the allegations furthermore, this Court has rejected the bail application of the similarly situated co-accused, namely, Mohammad Aman and Vishal Tandi being MCRC No. 4424/2026 and MCRC No. 4429/2026, respectively this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 10. Accordingly, the bail application of the applicant namely – Bhumika Nayak, involved in Crime No. 129/2025, registered at Police Station Cyber Range Civil Lines, Raipur, District : Raipur (C.G.) for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyaya Sanhita, 2023, is rejected. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Akhil