1 CGHC010295322026 2026:CGHC:38885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6946 of 2026 Michael Sahu S/o Khemlal Sahu, Aged About 26 Years, R/o Village- Jaijaipur, Police Station- Jaijaipur, District- Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station, Champa, District- Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 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. 365/2025 registered at Police Station – Champa, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) and 111(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. As per the prosecution case, in brief, it is alleged that a report regarding a cyber fraud involving an amount of Rs.1,30,92,073/- was lodged at Police Station Champa, pursuant to which Crime No.365/2025 was registered for the offences punishable under Sections 317(2), 317(4), 317(5) and 111(1) of the B.N.S. During the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.09.02 17:05:50 +0530 2 course of investigation, the police arrested accused Balram Yadav @ Ballu, who allegedly admitted to having committed the cyber fraud with the assistance of the present applicant and co-accused Harish Yadav by opening a mule account in his name with ICICI Bank, Champa Branch. On the basis of the said disclosure/admission, the police arrested the accused persons, including the present applicant. 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 the charge-sheet has been submitted in this case. It is further submitted that no amount has been transferred in the bank account of the present applicant and he has not received any money in his bank account. According to case of prosecution, the fraud amount of Rs. 1,30,92,073/- was deposited in bank account No. 177405500454 holding in I.C.I.C.I. Bank and in the said bank account, the mobile No. 8817389778 has been linked, though the said bank account number and mobile number are not belonging to the present applicant. He further submits that other co-accused, namely, Harish Yadav has been granted bail by this Court vide order dated 28.02.2026 passed in MCRC No. 287/2026. He also submits that the applicant has four previous criminal antecedents, out of which in one case he has been acquitted and three cases are pending and the applicant is in jail since 10.03.2026, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that during the course of investigation, it was found that, the mule bank account number of ICICI Bank branch at Champa vide ICICI Bank 3 Account No. 177405500454 was found in the name of the accused Balram Yadav @ Ballu. In the aforesaid Bank Account number, the Mobile Number 8085468467 is linked and registered by the present accused applicant Michael Sahu and the same was being used by the present accused applicant Michael Sahu in which, within a short span of time, financial transactions of Rs. 1,30,92,073/- has been found to be transacted illegally through cyber fraud/crime since its opening date. Further, the applicant has four previous criminal antecedents, out of which in one case he has already been acquitted and three cases are pending. Considering the nature of the offence and the circumstances in which it has been committed, it prima-facie appears to be an organized crime carried out through cyber crime. Thus, it is an organized cyber crime committed by the applicant and the co-accused persons. As such, the bail application deserves to be rejected. 5. Learned State counsel further submits that the bail application of another co-accused has already been rejected by this Court vide order dated 10.07.2026 passed in MCRC No.4147/2026, whereas one of the co-accused has been granted bail by this Court vide order dated 28.02.2026 passed in MCRC No.287/2026 on a different footing. Therefore, the present applicant is not entitled to the benefit of parity, and his bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. In compliance of the Court’s order dated 31.07.2026, the Station House Officer, Police Station – Champa, District – Janjgir-Champa and the Investigating Officer of the subject Crime Number, has filed his affidavit showing the incriminating evidence collected against the 4 applicant during the course of investigation, which is quoted here as under: 6. That, during the course of investigation, it was found that, the mule bank account number of ICICI Bank branch at Champa vide ICICI Bank Account No. 177405500454 was found in the name of the accused Balram Yadav @ Ballu. In the aforesaid Bank Account number, the Mobile Number 8085468467 is linked and registered by the present accused applicant Michael Sahu and the same was being used by the present accused applicant Michael Sahu in which, within a short span of time, financial transactions of Rs. 1,30,92,073/- has been found to be transacted illegally through cyber fraud/crime since its opening date. 7. That, the various complainants have been made by the various victims/complainants of the various States of the Country regarding the online cyber fraud from their bank accounts and the account has been found to be used to receive the money from online cyber fraud in National Cyber Crime Reporting Coordination Portal/1930 and there are total 123 online complaints, which is the part of the charge sheet, hence, the crime was registered against the aforesaid mule bank account holder/present accused taken into applicant and the investigation was investigation. 8. That, thereafter, during investigation, the said accused Balram Yadav @Ballu/aforesaid mule bank account holder was summoned and questioned and his memorandum statements was taken infront of the relevant witnesses wherein he has categorically deposed that, he lives in Sanjay Nagar, Jaijaipur and runs an egg cart at Dushera Maidan. In 2023, he ran a shop called Rahul Cold Drink in the name of his younger brother. At that time, his friend Harish Yadav told him that, his shopsis too small, he has very few items and further to expand his shop. Thereafter, he told about the present accused applicant Michael Sahu, who has good connections with bank 5 officials and can easily get him a loan in his shop's name. Therefore, following the advice of Harish Yadav, he met the present accused applicant Michael Sahu in June-July, 2023. Then, the present accused applicant Michael Sahu introduced one Sonu Kumar, a bank employee, then he went with him to ICICI Bank at Champa and the said Sonu Kumar provided another mobile number and has got opened the bank account in the name of the aforesaid shop. Thereafter, the said Sonu Kumar allured him to provide his bank account on rent, then the said accused Balram Yadav @ Ballu rented the aforesaid bank account to the present accused applicant Michel and the present accused applicant Michael Sahu promised him to give 1% commission to the accused Balram Yadav @ Ballu on the total transacted amount which was received through cyber fraud. Initially, the said present accused applicant Michal Sahu gave him Rs. 5000/- each for a few months and after that, he stopped giving money to him. 9. That, during investigation, it was found that, a total amount of Rs. 1,30,92,073/- has been credited in the aforesaid ICICI Bank Account Number of the accused Balram Yadav @ Ballu during the short span of time period since its opening from 09.02.2023. 8. Considering the facts and circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that, during the course of investigation, it was found that, the mule bank account number of ICICI Bank branch at Champa vide ICICI Bank Account No. 177405500454 was found in the name of the accused Balram Yadav @ Ballu. In the aforesaid Bank Account number, the Mobile Number 8085468467 is linked and registered by the present accused applicant Michael Sahu and the same was being used by the present accused applicant Michael Sahu in which, within a short span of time, financial transactions of 6 Rs. 1,30,92,073/- has been found to be transacted illegally through cyber fraud/crime since its opening date, further, the applicant has four previous criminal antecedents, out of which in one case he has already been acquitted and three cases are pending, also considering the nature of the offence and the circumstances in which it has been committed, it prima-facie appears to be an organized crime carried out through cyber crime also considering the fact that the bail application of another co-accused has already been rejected by this Court vide order dated 10.07.2026 passed in MCRC No.4147/2026, whereas one of the co-accused has been granted bail by this Court vide order dated 28.02.2026 passed in MCRC No.287/2026 on a different footing, therefore, the present applicant is not entitled to the benefit of parity, and his bail application is liable to be rejected, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, this first bail application of applicant – Michael Sahu involved in Crime No. 365/2025 registered at Police Station – Champa, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) and 111(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), is rejected. 10. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 11. 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 Preeti