Extracted from the PDF above. The PDF is authoritative.
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CGHC010224362026
2026:CGHC:30243
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 934 of 2026 • Devashish Vishwas S/o Late Nityanand Vishwas Aged About 36 Years R/o Village Digma Police Station Gandhinagar Tehsil Ambikapur District Surguja C.G.
... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station Gandhinagar Ambikapur District Surguja C.G.
... Non-applicant For Applicant : Mr. Amarnath Pandey, Advocate. For State/Non-applicant : Mr. Sangarsh Pandey, G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 16.07.2026
1. This first anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.239/2026 registered at Police Station Gandhinagar, Ambikapur, District Surguja (C.G.) for the offence punishable under Section 3(5), 317(4), and 318(4) of B.N.S., 2023.
2. The prosecution's case, in brief, is that on the basis of information received from the Nodal Officer, Cyber Cell, District Surguja regarding complaints registered on the National Cyber Crime Reporting Portal (NCCRP), an inquiry was conducted, wherein a savings bank account Digitally signed by R NIRALA
2 maintained with Canara Bank bearing Account No.*******4309, Ambikapur Branch in the name of the present applicant and a mobile number allegedly linked thereto were found associated with cyber fraud complaints. It is alleged that the said account was being operated through a mobile number standing in the name of co-accused Vinod Vishwas. As many as 207 complaints from different parts of the country were mapped with the said account and mobile number involving an alleged amount of ₹2,08,111/- Treating the account as a "mule account" allegedly used for routing proceeds of cyber fraud, the police formed an opinion that the applicant and co-accused had facilitated cyber offences. Based on above facts, police registered case against the applicant. Hence, this application.
3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in crime in question. He submits that no material collected during the investigation to demonstrate that applicant directly communicated, induced, cheated or dishonestly obtained money from any of the alleged victims and the applicant never personally operated the alleged account for commission of any cyber offence and does not possess the credentials.
Learned counsel for the applicant submits that case of prosecution is founded primarily upon the existence of a bank account standing in the name of the present applicant and mere ownership of a bank account without proof of conscious knowledge, active participation in the alleged cyber fraud is insufficient to attribute criminal liability. It is further submitted that applicant is the sole earning member of his family, therefore, he prays for grant of anticipatory bail to the applicant.
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4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submitted that the illegal money was received in the bank account owned by the applicant at Canara Bank through cyber fraud and total 207 complaints were made by the various other complainants from various States against the aforesaid bank account of the applicant and during the course of investigation, it has been revealed that the applicant has received fraud money through UPI ID of the aforesaid bank account and he is beneficiary of this case and has obtained money by committing cyber fraud and the investigation is already going on. Therefore, under the aforesaid circumstances, the applicant may not be released on anticipatory bail at this state.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, nature and gravity of offence and further considering that the illegal money was received in the bank account owned by the applicant at Canara Bank through cyber fraud and total 207 complaints have been made by the various other complainants from various States against the aforesaid bank account of the applicant and during the course of investigation, it has also been revealed that the applicant has received money through UPI ID of the aforesaid bank account and as such he is also a beneficiary and has obtained money by committing cyber fraud and the investigation is already going on, therefore, I am not inclined to grant anticipatory bail to the applicant at this stage.
7. Accordingly, the anticipatory bail application of the applicant – Devashish Vishwas, involved in Crime No.239/2026 registered at
4 Police Station Gandhinagar, Ambikapur, District Surguja (C.G.) for the offence punishable under Section 3(5), 317(4), and 318(4) of B.N.S., 2023, is rejected. Sd/-
(Ramesh Sinha)
Chief Justice Nirala