1 CGHC010287022026 2026:CGHC:36077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1209 of 2026 Vivek Raj Chandane S/o Late B.P. Chandane Aged About 27 Years R/o Block 22/525, Housing Board Colony, Khamhardih, Kachna Road, Raipur, District- Raipur, (Cg) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Vidhan Sabha, District- Raipur, (Chhattisgarh) ...Non-applicant For Applicant : Mr. Rahil Arun Kochar and Mr. Gyan Prakash Dandekar, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. The applicant has preferred this First Bail Application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 49/2025, registered at Police Station : Vidhan Sabha, District- Raipur (C.G.) for the offence punishable under Section 420/34 of the IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.19 17:38:08 +0530 2 2. As per the prosecution story, the complainant, namely Atul Kumar Agrawal, lodged a written complaint at Police Station Vidhansabha, District Raipur (C.G.), stating inter alia that he is a graduate and operates Shri Ganesh Transport situated at Punjab Oil Mill Gali, Bhaisthan, Raipur. On 02.03.2024, while he was present at his office, he came into contact with a person namely Anjali Bansal through social media platforms, i.e., Telegram and WhatsApp, using mobile numbers 8721986469 and 8651701389. She introduced the complainant to a share trading website, namely www.regc.cc, and induced him to register himself on the said portal and invest money in share trading. For the purpose of registration, she obtained his Aadhaar Card and PAN Card and created a login ID in the name of atul pin@gmail.com. Thereafter, on her instructions, the complainant deposited various amounts into different bank accounts towards investment in the said trading portal between 07.03.2024 at about 13:28 hours and 22.04.2024 at about 15:30 hours, totalling Rs.19,02,500/-. Out of the said amount, only Rs.69,720/- was returned to the complainant, whereas the remaining amount of Rs.18,32,780/- was not returned. It is alleged that the complainant was induced to part with his money on the false pretext of share trading and was cheated online by Anjali Bansal along with other persons whose bank accounts were used for receiving the cheated amount. As the amount was not refunded despite waiting for its return, the complainant lodged the aforesaid complaint. On the basis of the complaint, Crime No.49/2025 was registered at Police Station Vidhansabha, District Raipur, on 20.01.2025 for offences punishable under Sections 420 and 34 of the Indian Penal Code, and investigation was taken up. 3 During investigation, the co-accused persons were arrested. Thereafter, on 18.06.2026, the applicant was served with a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and apprehending his arrest in connection with Crime No.49/2025, the applicant has approached this Court seeking anticipatory bail. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent, as he was neither named in the FIR nor attributed any specific role in the alleged fraudulent transaction. It is submitted that the alleged incident took place between 07.03.2024 and 22.04.2024 and the only allegation subsequently surfaced during investigation is that certain cheated amount was allegedly deposited into a bank account linked with the applicant; however, there is no material showing any direct nexus, active participation or involvement of the applicant in inducing the complainant to invest money or in committing the alleged offence. The complaint does not contain any specific allegation against the applicant, and mere reference to or use of a bank account allegedly connected with him cannot, by itself, establish criminal liability under Sections 420 and 34 of the Indian Penal Code. It is further submitted that the applicant did not make any personal representation or inducement to the complainant, did not execute any agreement or guarantee for repayment, and there is no material to demonstrate that he had dishonest or fraudulent intention from the inception of the transaction. The dispute is essentially commercial in nature, arising out of an alleged investment transaction, and criminal law cannot be used merely as a means for recovery of money. It is also submitted 4 that no money relating to the present crime was actually transacted in the applicant's account and, therefore, prima facie no offence is made out against him. The investigation has been conducted in an incomplete and perfunctory manner and the notice issued to the applicant under Section 35(3) of the BNSS on 18.06.2026 was vague and did not specify the documents or particulars required from him; nevertheless, the applicant is ready and willing to fully cooperate with the investigation and has already replied to the said notice on 02.07.2026 explaining his circumstances and medical condition. It is further submitted that the charge-sheet has already been filed against the co-accused persons vide Charge-sheet No.80/2025 dated 19.03.2025, pursuant to which cognizance was taken by the learned Judicial Magistrate First Class, Raipur, in Criminal Case No.13289/2025, and the co-accused persons have already been granted regular bail by this Court in MCRC Nos.3023/2025, 2961/2025, 3301/2025 and 3777/2025. The applicant is a permanent resident of District Raipur, has no criminal antecedents, has never been convicted of any offence, and there is no likelihood of his absconding or tampering with the evidence. He is ready and willing to furnish adequate surety and abide by all the terms and conditions imposed by this Hon'ble Court; therefore, considering the facts and circumstances of the case, the applicant may kindly be enlarged on anticipatory bail. 4. Learned State Counsel, while opposing the bail application, submits that, in compliance with the order dated 29.07.2026 passed by this Court, the Investigating Officer has filed an affidavit stating that during further investigation, the involvement of the applicant was revealed. It 5 is submitted that Bank of Baroda Account No. 457302000000460, linked with mobile number 9479283703 and registered in the name of V.K. Tour & Travels, of which the applicant is the proprietor, was allegedly used for receiving proceeds of cyber fraud. During investigation, it was found that an amount of Rs.1,26,80,398/- was credited into the said account within a short period from 16.10.2024 to 21.10.2024, out of which Rs.1,24,70,188/- was withdrawn, leaving a balance of Rs.21,020/-. It is further submitted that as many as 18 online cyber-fraud complaints have been registered by victims from different States in relation to the said account. The investigation has also revealed transactions from the applicant's account to the bank accounts of his associates and substantial amounts were transferred through the said account. According to the Investigating Officer, prima facie material is available to show that the applicant used the said mule account for cyber fraud and received the proceeds of fraudulent transactions, thereby acting as a beneficiary of the crime. It is further submitted that relevant evidence in the form of bank transactions and data retrieved from the mobile phone of the applicant has been collected, indicating his involvement in the alleged cyber fraud and his connection with an organized cyber fraud gang. Learned State Counsel therefore submits that the allegations against the applicant are serious in nature and, considering the ongoing further investigation and the nature and magnitude of the financial transactions, the applicant is not entitled to the discretionary relief of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6 6. Considering the overall facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and the affidavit filed by the Investigating Officer in compliance with the order dated 29.07.2026, this Court finds that serious allegations have been levelled against the applicant regarding his involvement in an organized cyber fraud. During further investigation, it has prima facie been found that Bank of Baroda Account No. 457302000000460, linked with mobile number 9479283703 and registered in the name of V.K. Tour & Travels, of which the applicant is the proprietor, was allegedly used for receiving the proceeds of cyber fraud. The investigation reveals that an amount of approximately Rs.1,26,80,398/- was credited into the said account within a short period from 16.10.2024 to 21.10.2024, out of which approximately Rs.1,24,70,188/- was withdrawn, and only a negligible balance remained in the account. Further, as many as 18 complaints relating to online cyber fraud have been registered by victims from different States in connection with the said account. The investigation also prima facie discloses transactions from the applicant's account to the accounts of his associates and the availability of material evidence in the form of bank transactions and data obtained from the mobile phone of the applicant. Thus, at this stage, the contention that the applicant has no nexus with the alleged offence cannot be accepted. The material collected during investigation prima facie indicates that the applicant's bank account was used as a mule/beneficiary account for receiving and transferring the proceeds of cyber fraud and that the applicant himself is alleged to have benefited from such transactions. The nature and magnitude of the alleged financial transactions, the 7 involvement of victims from different States, and the allegation of the applicant being a member of an organized cyber fraud network make the allegations serious in nature. The investigation is still continuing under Section 193(9) of the BNSS, 2023, and custodial interrogation of the applicant cannot be said to be wholly unnecessary at this stage for tracing the money trail, identifying other persons involved and ascertaining the complete modus operandi of the alleged cyber fraud. Therefore, considering the gravity of the allegations, the substantial amount allegedly transacted through the applicant's bank account, the number of cyber-fraud complaints, and the material collected during further investigation, this Court is not inclined to extend the extraordinary relief of anticipatory bail to the applicant. Accordingly, the application for anticipatory bail is rejected. 7. Accordingly, the bail application of the applicant – Vivek Raj Chandane, involved in Crime No. 49/2025, registered at Police Station : Vidhan Sabha, District- Raipur (C.G.) for the offence punishable under Section 420/34 of the IPC, is rejected. 8. 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 vaibhav