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2026 DAILYLAW 2718 (CHH)

ABHINAV NAGWANSHI v. STATE OF CHHATTISGARH

MCRC/365/2026 · 2026-02-10

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1 2026:CGHC:7655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 365 of 2026 • Abhinav Nagwanshi S/o Shravan Nagvanshi Aged About 25 Years R/o L.I.G.-08, Sector-01, Shankar Nagar, Raipur, Distt.- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through- Thana Civil Line, Raipur, Distt.- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Arunj Kukreja, Advocate For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2025 registered at Police Station Civil Line, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of Bhartiya Nyay Sanhita (for short BNS), 2023. 2. The case of the prosecution, in brief, is that the Government of India has established a Cyber Crime Reporting Portal for the prevention and control of cyber offences, through which victims may lodge VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.12 19:12:41 +0530 2 complaints regarding incidents of cyber fraud. On the basis of information received through the said portal, it was revealed that a total of 128 bank accounts had been opened at the Bank of Maharashtra, Raipur Branch (IFSC Codes: MAHB0000439, MAHB0001928, MAHB0002335, MAHB0002400), which were allegedly utilized for the purpose of receiving proceeds derived from cyber fraud. Acting upon the said information, and pursuant to directions issued by the Police Headquarters, Civil Lines Police Station, 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 aforesaid 128 bank account holders. Thereafter, the matter was transferred to the Range Cyber Police Station, Raipur for the purpose of investigation. The said bank accounts have been identified as “mule accounts,” allegedly used by cyber offenders for the transfer and receipt of defrauded funds. 3. That the applicant is wholly innocent and has been falsely implicated in the present case without any justifiable cause. The applicant has no manner of concern or connection with the alleged offence. The present FIR has been registered against him maliciously and with ulterior motives, pursuant to a preconceived conspiracy. The applicant has been in judicial custody since 27.03.2025. It is further contended that the Hon’ble Supreme Court of India, vide order dated 13.10.2025 passed in Criminal Appeal No. (arising out of SLP) 4494/2025, has been pleased to grant regular bail to the co-accused, namely Ishika Singh and one another. A copy of the said order is filed herewith as Annexure A-03. The case of the present applicant stands on similar footing, and therefore he is entitled to the benefit of parity. It is also contended that applicant is the sole breadwinner of his 3 family. Owing to his continued incarceration, the family is facing acute financial hardship and grave difficulties in meeting their day- to-day livelihood requirements and the applicant had furnished his documents, photograph, and mobile number to the concerned bank solely for the purpose of availing a loan facility. However, without his knowledge, consent, or authorization, a bank account was allegedly opened in his name by linking it with another individual’s mobile number. The applicant had neither knowledge of the existence of the said account nor did he ever operate, transact through, or derive any benefit from the same. He lastly submits that no bank account, passbook, ATM card, cheque book, or any incriminating material has been seized from the possession of the applicant. It is further submitted that the police officials obtained the applicant’s signature on a memorandum under coercion and duress. Hence, in the facts and circumstances of the case, it is most respectfully prayed that this Hon’ble Court may be pleased to enlarge the applicant on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is no criminal antecedent registered against the present applicant, and the charge-sheet has been filed in this case. It is further submits that in compliance of the Court’s order dated 13/01/2026, the Investigating Officer has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 13/01/2025, the Investigating Officer, Raipur has filed his personal affidavit wherein relevant paragraphs which reads as under:- “ xxx xxx xxx 4 7. The complainant Suriti Singh and another have registered online reports regarding the online cyber fraud of Rs. 1608/- on 02.10.2024 and the account has been found to be used to receive the money from online cyber fraud vide Complaint Acknowledgement Number 33210240028063 in National Cyber Crime Reporting Coordination Portal/1930, hence, the crime was registered against the different mule bank account holders and the investigation was taken into investigation. 8. That, a total amount of Rs.1,79,93,073/- has been credited into the aforesaid bank account of the present accused applicant from the date of opening dated 10.02.2025 and the total amount of Rs. 1,79,51,229/- has been withdrawn by the present accused applicant till 31.12.2024. 9. That, against the aforesaid bank account number, there are 03 online complaints have been registered in the National Cyber Crime Reporting Coordination Portal/1930, the details whereof, are as under:- Acknowledgment Number State District Remarks A250733100035 Chhattisgarh Raipur Online Finance Fraud 30811240052111 Delhi West Online Finance Fraud 33321024002806 3 West Bengal Ranaghat Online Finance Fraud 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the party, allegation levelled against the present and involvement of present applicant, further during investigation, it was found that, registered online reports regarding the online cyber fraud of Rs. 1608/- on 02.10.2024 and the account has been found to be used to receive the money from online cyber fraud vide complaint acknowledgment Number 33210240028063 in National Cyber Crime Reporting Coordination Portal/1930, hence, the crime was registered against the different mule bank account 5 holders and the investigation was taken into investigation, a total amount of Rs.1,79,93,073/- has been credited into the aforesaid bank account of the present accused applicant from the date of opening dated 10.02.2025 and the total amount of Rs.1,79,51,229/- has been withdrawn by the present accused/applicant till 31.12.2024, hence this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, this bail application of the applicant- Abhinav Nagvanshi involved in Crime No.5129/2025 registered at Police Station Civil Line, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of Bhartiya Nyay Sanhita (for short BNS), 2023, is rejected at this stage. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali