Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:8137
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 123 of 2026 Naveen Batra S/o Shree Balram Batra Aged About 39 Years R/o Mahavir Nagar, Raipur, District : Raipur, Chhattisgarh
... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh
... Respondent
For Applicants : Mr. Shakti Raj Sinha, Advocate For State : Mr. Soumya Rai, PL Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 13/02/2026
1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant in connection with Crime No. 40/2025 registered at Police Station Balrampur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2), 338, 339, 340, 341 of BNS.
2. Case of the prosecution, in brief, is that by the letter of Superintendent of Police, Balrampur, to Police Station Balrampur, Digitally signed by RAVVA UTTEJ KUMAR RAJU
2 District Balrampur-Ramnujganj (C.G.) regarding opened the mule account in the some commercial bank in the different name of the persons to which the aforesaid bank, the mule account was inquired by the Cyber Crime Coordination Centre portal under the Ministry of Home Affairs, Government of India. The aforesaid inquiry by the Cyber Cell and found that under situated the Police Station District Balrampur-Ramnujganj (C.G.) Utkarsh Small Bank, Branch Balrampur, Balrampur of Account No. 1427018440898043 Account holder Soieb Khan along with his friend has been made criminal conspiracy and received the monetary benefit. It is alleged that the the aforesaid accounts allegedly used mule accounts for transferring, withdrawing and laundering proceeds of cybercrime. Upon investigation, it was found that said accounts were held in names of multiple individuals including the applicants along with other co-accused. Further, the Cybercrime Coordination Centre portal found the total fraud of Rs. 8,22,146/- in illegal transaction of the aforesaid mule account. On the information of the Police Station Balrampur, District – Balrampur-Ramnujganj (C.G.) registered the F.I.R. against the Soieb Khan and after investigation, the present applicant has been implicated on the basis of the memorandum of the other co-accused persons. Hence, this application.
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
3 been submitted in this case. It is further submitted that the implication of the applicant is based solely on the memorandum statement of the accused which has no independent evidentiary value in the eyes of law unless corroborated by substantive evidence and no recovery, seizure or incriminating material has been made from the possession or instance of the applicant. No bank account, device, document or proceedings of crime have been linked directly or indirectly to him, however, he is fully willing to cooperate with the investigation, and the trial is likely to take substantial time. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that the Police registered the crime on 16.04.2025, and it is alleged in FIR that on direction of higher authorities the Police investigated about mule account, and during the course of investigation it was found that the co-accused Soieb Khan was having mule bank account and Rs. 8,22,146/- suspicious transaction was being found on the said bank account, on the basis of the memorandum statement of Soieb Khan, other accused persons have been arrested. It is further submitted that the accused namely Sukhdev Sahu is said to have monitoring the online cyber fraud and is involved in online fraud through Telegram and used various bank accounts for illegal money transfers, and the participation of the co-accused namely Soieb
4 Khan is for selling his bank account of Utkarsh Finance Bank which was linked with the phone number of co-accused Sachin Saini for Rs. 1,000/-, and from the possession of the Soieb Khan, seizure of passbook of Utkarsh Finance Bank and WhatsApp chat with Sachin Saini has also been made, and the role of the accused is for monitoring the online cyber fraud and seizure of Laptop, 2 mobile, 11 debit card and credit card, 15 passbooks of different banks, and Rs. 88,000/- has also been made from him, and the accused Nitesh Puri and Abhishek Jaiswal are also said to have committing cyber fraud in connivance with the co-accused persons by transacting illegal money obtained through cyber fraud.
During the investigation, it was revealed that the present accused received fraudulent proceedings through various mule bank accounts and transferred them to other other bank accounts and if the present accused applicant is granted anticipatory bail, he will certainly affect the evidence which will have an adverse effect on the investigation of the case as he may take undue advantage by altering the same and further his morale will be boosted and he will again repeat the serious crime like cyber fraud which will create resentment in the society. Therefore, if he is granted bail, he will certainly influence the evidence, as till date, he has not been arrested after considerable and continuous efforts being made by the concerned police authorities. He last submits co-accused bail applications have been rejected by this Court vide order dated 13.08.2025 in MCRC No. 3982/2025,
5 MCRC No. 5917/2025, MCRC No. 6204/2025, MCRC No. 6040/2025 and MCRC No. 4168/2025. As such, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the applicant felicitated the co- accused in crime to hand over the account due to which cyber crime has been taken place and considering the gravity of the offences, the organized and premeditated nature of the criminal acts and the magnitude of illicit transactions and also considering the co-accused bail applications have been rejected by this Court vide order dated 13.08.2025 in MCRC No. 3982/2025, MCRC No.
5917/2025, MCRC No. 6204/2025, MCRC No. 6040/2025 and MCRC No. 4168/2025, this Court is of the considered view that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of Applicant- Naveen Batra Khan involved in Crime No. 40/2025 registered at Police Station – Balrampur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2), 338, 339, 340, 341 of BNS, is hereby rejected at this stage. 8.
Needless to say that the concerned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 6
9. 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 U.K. Raju