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2026 DAILYLAW 25619 (CHH)

ROHIT BABAN KAULGE v. STATE OF CHHATTISGARH

MCRC/4420/2026 · 2026-07-08

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1 CGHC010174542026 2026:CGHC:28548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4420 of 2026 Rohit Baban Kaulge S/o Baban Dagdu Kaulge Aged About 31 Years R/o H. No. 2960/01 Vande Matram Chowk, Haripur Datt Park, Haripur, Sangli, Maharastra --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, Distt. Raipur (C.G.) --- Non-Applicant MCRC No. 4823 of 2026 Sumit Shrinivas Rathi S/o Shrinivas Rathi Aged About 41 Years R/o Anand Apartment, G-02, Shanti Sagar Colony, 100 Fhuti Road, Chetna Petrol Pump, Jawal, Sangli, Maharashtra ---Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, Distt. Raipur (C.G.) --- Non-applicant For Applicants : Mr. Shikhar Agnihotri, Advocate. For Non-applicant/State : Dr. Sourabh Pande, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.10 11:30:12 +0530 2 2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 218/2025 registered at Police Station- Saraswati Nagar, District - Raipur Chhattisgarh, for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The prosecution story, in brief, is that between June 2025 and November 2025, Shreya Agrawal and other co-accused persons allegedly lured the complainant with the promise of earning four times the profit through an online trading platform. Acting on their instructions, the complainant downloaded the online trading application and deposited a total sum of Rs.71,50,000/- into various bank accounts as directed by Shreya Agrawal and the other co-accused persons. However, when the complainant demanded the promised profits, the same were not paid to him. Aggrieved thereby, the complainant lodged a First Information Report on 11.09.2025. During the course of the investigation, the name of the present applicants surfaced on the basis of the memorandum statements of the co-accused persons. Consequently, the applicants were arrested by the police of the concerned Police Station on 24.01.2026 for the commission of the aforesaid offences. 4. In MCRC No. 4420/2026 - Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that, as per the memorandum statement of the applicant, a few years ago, his friend, Sumit Rathi, came into contact with one Pratap Rane, a resident of Mumbai, who used to visit their locality and was engaged in the business of procuring bank accounts. Pratap Rane allegedly offered money and a commission of 2% on every transaction carried out through such bank accounts. Sumit Rathi 3 and one Pawan informed the applicant about the said arrangement, whereupon the applicant, lured by the offer, agreed to provide his bank account. Learned counsel further submits that the only allegation against the applicant is that he provided his bank account in consideration of a 2% commission. It is also submitted that a few months later, the applicant informed co-accused Sumit Rathi that his bank account had been frozen due to certain fraudulent transactions carried out through the said account. The applicant has no criminal antecedents. The charge-sheet has already been filed, and the applicant has been in judicial custody since 24.01.2026. As the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 5. In MCRC No. 4823/2026 - Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that a few years ago, the applicant came into contact with one Pratap Rane, a resident of Mumbai, who used to visit the applicant's locality and was engaged in the business of procuring bank accounts. Pratap Rane allegedly stated that he required bank accounts and that the account holders would receive money along with a commission of 2% on every transaction carried out through such accounts. Thereafter, Pawan informed the applicant, Rohil Kaulge, about the said arrangement, whereupon, lured by the offer, the applicant agreed to provide his bank account. It is further submitted that the applicant has no criminal antecedents. The charge-sheet has already been filed, and the applicant has been in judicial custody since 24.01.2026. As the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 4 6. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that, in compliance with the orders of this Court dated 12.05.2026 and 17.06.2026, the concerned Investigating Officer has filed his personal affidavit. It is submitted that the affidavit reveals that cogent evidence of fraudulent transactions has been found from the mobile phones and bank accounts connected with the accused persons, including the bank accounts allegedly operated by the present applicants. It is, therefore, contended that the material collected during the investigation prima-facie indicates that the applicants were a member of an organised fraud syndicate. Further, applicant Rohit Baban Kaulge has seven previous criminal antecedents, whereas applicant Sumit Shrinivas Rathi has no previous criminal antecedents.Hence, it is prayed that the bail application be rejected. 7. In compliance of the Courts’ order dated 12.05.2026, the Investigating Officer, Police Station – Saraswati Nagar, District – Raipur (C.G.), has filed his additional affidavit disclosing the evidence collected against the applicant (MCRC No. 4420/2026) during the course of investigation. The relevant portion of the affidavit reads as under:- 2. That during the course of investigating a transaction of Rs. 5,00,000/- was noticed in the bank account of Aditya VIT VALU SUPPLYERS on 08/07/2026, belonging to the applicant. The applicant was therefore issued that notice under Section 35(3) of BNSS on 23/01/2026 seeking account his to information respect 610000000053182 with Saraswat Cooperative Bank in which the transaction of Rs. 5,00,000/- was noticed. The applicant did not tender any reply to the said notice under Section 35(3) by placing any documents to show that he was not involved in the commission of a crime. Therefore, the applicant had to be apprehended on 24/01/2026 since he was not cooperating 5 with the investigating agencies. The applicant in his memorandum statement has categorically stated that he after discussion with the co-accused Sumit and Pawan Patil, obtained the Komasta licence in the name of ADITYA VIT VALU SUPPLYERS and opened an account in Saraswat Cooperative Bank. After submitting his Aadhar Card and PAN Card. It was agreed between them that he would get a share of 2 percent of the total transaction made from the said account. He further submitted that the amount so earned as commission from the transaction has already been spent and therefore in recovery pursuant to the memorandum statement was made. 3. That from the material gathered from the investigation, it can be very well understood that the applicant has actively involved himself in the commission of systematic crime, wherein he had provided his account for commission of offence by charging 2% of total transaction. 8. In compliance of the Courts’ order dated 17.06.2026, the Investigating Officer, Police Station – Range Cyber Raipur, District – Raipur (C.G.), has filed his additional affidavit disclosing the evidence collected against the applicant (MCRC No. 4823/2026) during the course of investigation. The relevant portion of the affidavit reads as under:- 5. That, during the investigation, it was found that, the total debit and credit transactions in the account number of the accused Indusind Bank account number from 01.06.2025 till 11.09.2025, were not clearly provided, the bank statement for the period of the incident is attached. When the complainant filed a report on the National Cyber 126 Crime Reporting Coordination Portal/1930, during the incident, the balance in the said bank account was Rs. 2328.33/- until the account was frozen. 6. That, during the course of investigation, it was revealed that, the Saraswat Cooperative Bank Account Number 610000000053182 was found in the name of attached Firm Aditya Vit Valu Supplyers, whose proprietor is Rohit Baban 6 Kaulage in which, Rs. 5 Lacs has been deposited from the bank account of the complainant on 08.07.2025. Thereafter, the aforesaid bank account holder Rohit Baban Kaulage was summoned and interrogated and his memorandum statement was taken infront of the relevant witnesses wherein, he has categorically deposed the fact that, he alongwith the present accused applicant SumitShrinivas Rathi has admitted to spending the consideration amount received by renting out the said bank account with the intention of getting commission for fraud. 7. That, during investigation, it was found that, total 07 online cyber complaints have been received by the various victims of the various States of the country in the National Cyber Crime Reporting Coordination Portal/1930 regarding online financial fraud/crime committed by the accused persons with them against the aforesaid bank account number. 9. That, during investigation, it has been revealed that, huge amounts have been transferred into the bank account of the present accused applicant indicating his prima facie involvement in the commission of the alleged offence and the said offence being economic in nature and involving a deep rooted conspiracy and misappropriation of victims money, is of a serious character. It was also revealed that, the present accused applicant in connivance with the other accused persons had conspired to get the money in their bank accounts in a fraudulent manner. 10. I have heard learned counsel for the parties and perused the material available on record. 11.Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that, in compliance with the orders of this Court dated 12.05.2026 and 17.06.2026, the concerned Investigating Officer has filed his personal affidavit, this Court finds that the affidavit discloses cogent evidence of fraudulent transactions traced through the mobile phones and 7 bank accounts connected with the accused persons, including the bank accounts allegedly operated by the present applicants. The material collected during the investigation, prima-facie, indicates the involvement of the applicants in an organized fraud syndicate. Further, applicant Rohit Baban Kaulge has seven previous criminal antecedents, whereas applicant Sumit Shrinivas Rathi has no previous criminal antecedents. Considering the overall facts and circumstances of the case, particularly the nature of the allegations and the material collected during the investigation, this Court is not inclined to grant bail to the applicants. Accordingly, the present bail applications deserve to be, and are hereby, dismissed. 12. Accordingly, the bail applications are rejected. Let the applicants – Rohit Baban Kaulge (MCRC No. 4420/2026), Sumit Shrinivas Rathi (MCRC No. 4823/2026) involved in Crime No. 218/2025 registered at Police Station- Saraswati Nagar, District - Raipur Chhattisgarh, for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. 13. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 14. Office 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 Preeti