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2026 DAILYLAW 26057 (CHH)

AMAN SAHU v. STATE OF CHHATTISGARH

MCRC/6133/2026 · 2026-07-09

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Judgment text

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1 CGHC010247872026 2026:CGHC:28897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6133 of 2026 Aman Sahu S/o- Rajkumar Sahu, Aged About 20 Years R/o-Katkona, P.S. Patna, District- Koriya (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer (S.H.O.) P.S.- Baikunthpur, District- Koriya (C.G.) ... Non-applicant For Applicant : Mr. Vimal Pathak and Ms. Swati Rani Saraf, Advocate. For Non-applicant/State : Mr. Saumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the second bail application iled 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. 119/2025 registered at Police Station Baikunthpur, District – Koriya (C.G.), for the offence punishable under Sections 111, 317(2), 317(4), 317(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 24.02.2026 passed in MCRC No. 707 of 2026 on merits. Digitally signed by JYOTI JHA Date: 2026.07.13 17:42:22 +0530 2 3. According to the prosecution, on the basis of information received from the Inspector General of Police, SIV/CCTNS/Cyber Crime, Police Headquarters, Nava Raipur, regarding the operation of "mule accounts" maintained at the Bank of Maharashtra, Baikunthpur Branch for facilitating cyber fraud, Crime No. 119/2025 was registered at Police Station Baikunthpur, District Koriya (C.G.) against 15 accused persons for the offences punishable under Sections 111, 317(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023. It is alleged that co-accused Rajkumar and Satyam Kumar Gupta opened bank accounts in the said bank and thereafter handed over the passbooks, ATM cards and other banking credentials to co-accused Saurabh Sahu, through whom the accounts were allegedly used to receive proceeds of cyber fraud committed in different States. The prosecution further alleges that the present applicant, with the intention of earning illegal commission, procured the passbooks and ATM cards of the said bank accounts from co-accused Rajkumar and Satyam Kumar Gupta and delivered the same to co-accused Saurabh Sahu, thereby facilitating the operation of the alleged mule accounts used for crediting the cheated amounts. 4. Learned counsel for the applicant submits that there are substantial changes in the circumstances after rejection of the earlier bail application. It is submitted that there is no allegation in the FIR or the complaint that the present applicant ever contacted any complainant or victim, induced any person to transfer money, 3 or that any victim has identified him as the person who committed the alleged cyber fraud. During the trial in Sessions Case No. 57/2025, material prosecution witnesses including PW-1 to PW-5, comprising police officials and bank officials, have already been examined and their testimonies are merely formal in nature, relating to seizure proceedings, bank documents, account statements and banking procedures, without disclosing any direct role of the applicant in contacting victims, inducing them online or executing any cyber fraud. It is further submitted that the present case arises out of the same alleged mule account transactions for which Crime No. 150/2025 was earlier registered at Police Station Surajpur, wherein the applicant has been treated as a juvenile and the matter is pending before the Juvenile Justice Board. At the time of the alleged occurrence, the applicant, whose date of birth is 11.04.2006, was admittedly a minor of about 17 years and 9 months of age and was at a highly impressionable stage of life, thereby warranting a reformative and lenient approach. The charge-sheet has been filed and the applicant has been in custody since 16.06.2025, and that the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Considering the nature and gravity of the allegations, the prima facie material available on record, and the specific role attributed to the applicant in facilitating the operation of alleged mule accounts used for routing the proceeds of cyber fraud, this Court is not inclined to grant bail. The grounds urged by the applicant, including the examination of certain prosecution witnesses, the plea of minority at the relevant time, and the period of custody, do not constitute such a substantial change in circumstances as to warrant a different view from that taken while rejecting the earlier bail application on merits. Accordingly, without expressing any opinion on the merits of the case, the second bail application deserves to be and is hereby rejected. 8. Accordingly, the second bail application of the applicant – Aman Sahu, involved in Crime No. 119/2025 registered at Police Station Baikunthpur, District – Koriya (C.G.), for the ofence punishable under Sections 111, 317(2), 317(4), 317(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Jyoti