1 CGHC010175662026 2026:CGHC:28952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4480 of 2026 • Ajay Swain S/o. Nityanand Swain Aged About 29 Years R/o. Village Barasai, Post Barasai, Police Station- Sarankul, District- Nawagarh (Odisha) ... Applicant(s) versus • State of Chhattisgarh Through- The Station House Officer Police Station-Cyber Crime Durg Range, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Manish Nigam, Advocate For Respondent(s) : Dr. Sourabh Kumar Pande, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.11/2025 registered at Police Station – Cyber Crime Durg Range, District - Durg (C.G.) for the offence punishable under Sections 317(4), 318(2), 318(4), 336, 238(b) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution's case, in brief, is that the complainant, Bhim Raj Meena, was defrauded of 8,08,902 through a "Work from Home" ₹ cyber scam. The complainant received a message on Telegram VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.14 18:24:20 +0530 2 from an ID named "Nitya Shroff" regarding a work-from-home opportunity. On December 6, 2025, the complainant was contacted by another ID, "Sunakshi," and induced to register on the website trackshippox.com for online product review tasks for a company called "SHIPPO". Initially, the complainant was allowed to withdraw small amounts to build trust. Subsequently, the accused demanded increasing amounts of money under the guise of "task upgrades" and "offers". Between December 7, 2025, and December 12, 2025, the complainant transferred a total of 18,08,902 into various bank accounts provided by the fraudsters. When the complainant attempted to withdraw the accumulated "profit," they were asked for additional funds, at which point the complainant realized they had been defrauded. During the investigation, it was alleged that Manoj Kumar Raut and Anant Biswal lured individuals to open bank accounts for a commission. The accused, Ajay Swain, allegedly opened a bank account in exchange for ₹1,500, which was then used to receive the fraudulent funds. Hence, FIR. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is merely the holder of the bank account allegedly used in the transaction and had neither any knowledge of nor participation in the alleged cyber fraud or criminal conspiracy. There is no material to establish the requisite mens rea or that the applicant was a beneficiary of the alleged fraudulent amount. As per the prosecution case itself, the applicant allegedly opened the 3 bank account for a commission of only 1,500/-, indicating that ₹ he was not the mastermind or principal beneficiary of the alleged offence. It is further submitted that the charge sheet has already been filed and, therefore, custodial interrogation is no longer required. The applicant undertakes to cooperate with the trial, appear before the Trial Court on every date of hearing, and abide by all conditions that may be imposed by this Hon'ble Court. He also submits that the charge-sheet has been submitted in this case and he is in jail since 07.01.2026, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application. 5. In compliance of the Courts’ order dated 13.05.2026, the Investigating Officer, Police Station – Cyber Range Thana, District – Durg (C.G.), has filed his affidavit disclosing the evidence collected against the applicant during the course of investigation. The relevant portion of the affidavit reads as under:- “3. That upon investigating it was found that amounts of Rs. 80,000/- and 50,000/- were transferred from the account of the child in conflict with law to the Account No. 145401958397237 belonging to the applicant Ajay Swain on 09/12/2025 and 12/12/2025 respectively. The address of applicant Ajay Swain alongwith Mobile number. were obtained from the bank in which the applicant held account and special team was constituted to be sent to Odisha after detaining the applicant, his memorandum statement was recorded. The applicant in his memorandum statement stated that the co-accused (Child conflict with law) called him near school in village where the child conflict alongwith co-accused 4 Manoj Kumar Raut and Anant Bishwal met the applicant. The child in conflict with law asked the applicant to open a bank account in finance bank and then he would be given 1500/- each for Lopening the bank account. Anant Biswal took his biometric, and Manoj Kumar Raut took his photographs. The applicant provided his Aadhar Card and Pan Card to the child in conflict with law and later took around Rs. 1500/- from.” 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in compliance of the Courts’ order dated 13.05.2026, concerned Investigating Officer, has filed his affidavit disclosing the evidence collected against the applicant which has been mentioned above, from a perusal of the record, also considering the case diary and the material collected during investigation, it appears that amounts of 80,000/- and 50,000/- were ₹ ₹ transferred to the applicant's bank account on 09.12.2025 and 12.12.2025, respectively. The investigation further reveals that, on being apprehended, the applicant, in his memorandum statement, admitted that he had, at the instance of the co-accused, provided his Aadhaar Card and PAN Card for opening the bank account and received 1,500/- in consideration thereof. The said material ₹ prima facie indicates the applicant's conscious involvement in facilitating the commission of the alleged offence. In view of the nature of the allegations, the material collected during investigation, and without expressing any opinion on the merits of the case, this Court is not inclined to extend the benefit of bail to 5 the applicant. Accordingly, the bail application deserves to be and is hereby rejected.. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this first bail application of applicant – Ajay Swain, involved in Crime No.11/2025 registered at Police Station – Cyber Crime Durg Range, District - Durg (C.G.) for the offence punishable under Sections 317(4), 318(2), 318(4), 336, 238(b) of the Bharatiya Nyaya Sanhita, 2023 (BNS), is rejected at this stage. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. 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 Vaishali