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2026 DAILYLAW 20557 (CHH)

Sameer Bajaj v. State of Chhattisgarh

MCRC/4436/2026 · 2026-05-11

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Judgment text

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1 2026:CGHC:22376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4436 of 2026 Sameer Bajaj S/o Dileep Kumar Bajaj Aged About 28 Years Mig 06, Ward No 45, Ekta Vihar, Near Anmol Super Bazar, Old Amlideeh, Raipur, District - Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station, Cyber Range, Civil Lines, District – Raipur, Chhattisgarh. --- Non-applicant For Applicants : Mr. Mohammad Afroz Athar, Advocate For Respondent/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.05.2026 1. The applicant has preferred this First 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 (C.G.) for the offences punishable under Sections 111, 317(2), 317(4), 317(5) and 3(5) of Bhartiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the Government of India has established a Cyber Crime Reporting Portal for the prevention of cyber crimes, through which victims can report incidents of cyber fraud. On the basis of the information received through the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 said system, it came to light that a total of 128 bank accounts were opened in Bank of Maharashtra, Raipur Branch (IFSC Codes: MAHB0001928, MAHB0002335, and MAHB0002400), and the said accounts were allegedly used for receiving money obtained through cyber fraud. On the basis of the said information, and in compliance with the directions issued by the Police Headquarters, Police Station Civil Lines, Raipur, registered Crime No. 129/2025 under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, against the holders of the aforesaid 128 bank accounts. Thereafter, the matter was handed over to Range Cyber Police Station, Raipur, for investigation. The said bank accounts have been identified as mule accounts, which were allegedly used by cyber criminals for transferring and receiving the amounts obtained through fraudulent activities. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the prosecution case suffers from material inconsistencies and contradictions. It is submitted that the evidence collected during the course of investigation is insufficient to establish the charges against the applicant beyond reasonable doubt. He also submits that co-accused person namely, Nikhil Ahuja, has been granted bail by this Court vide order dated 20.04.2026 passed in MCRC No.3577/2026, and other co- accused namely, Jayant Ghosh, has already been granted bail by 3 this Court vide order dated 15.04.2026 passed in M.Cr.C. No. 3319/2026 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 Krishna Ghodesawar were granted bail by this Court in MCRC No. 148 of 2026 and MCRC No. 902 of 2026 vide orders dated 08.01.2026 and 28.01.2026 on the ground of parity and the case of the present applicant is also similar to that of the co-accused persons. The applicant is in jail since 26.03.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that though the Hon’ble Supreme Court has granted bail to one of the co-accused persons namely Ishika Singh, and thereafter, on the ground of parity, certain other co-accused persons were also enlarged on regular bail by this Court, however, the case of the present applicant stands on a different footing. The applicant allegedly along with other co-accused persons, was involved in a cyber fraud racket and had allegedly opened and operated multiple bank accounts for routing and transferring an amount of Rs. 64,10,855/- obtained through cyber fraud. It is further alleged that the applicant knowingly assisted in handling and transferring 4 the proceeds of crime as part of an organized cyber crime syndicate. She also submits 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 also stood rejected vide order dated 02.04.2026. Therefore, the instant bail application is also liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that though the Hon’ble Supreme Court has granted bail to one of the co-accused persons namely Ishika Singh, and thereafter, on the ground of parity, certain other co-accused persons were also enlarged on regular bail by this Court, however, the case of the present applicant stands on a different footing. The applicant allegedly along with other co-accused persons, was involved in a cyber fraud racket and had allegedly opened and operated multiple bank accounts for routing and transferring an amount of Rs. 64,10,855/- obtained through cyber fraud, the applicant knowingly assisted in handling and transferring the proceeds of crime as part of an organized cyber 5 crime syndicate, further considering the fact 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 also stood rejected vide order dated 02.04.2026, hence, 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 applicant – Sameer Bajaj, 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 111, 317(2), 317(4), 317(5) and 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar