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2026 DAILYLAW 6439 (CHH)

MAYANK PATEL v. STATE OF CHHATTISGARH

MCRC/1970/2026 · 2026-04-14

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:17264 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1970 of 2026 Mayank Patel S/o Sachchidanand Patel Aged About 23 Years R/o 51- 1, Savitripur, Post- Bartikala, Outpost- Vadrafnagar, Thana- Basantpur, Distt- Balrampur Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through- SHO, Thana- Mujgahan, District – Raipur (C.G.) ... Non-applicant For Applicant : Mr. Arvind Prasad, Advocates. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.04.2026 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. 149/2024, registered at Police Station – Mujgahan, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 420 and 34 of the IPC. 2. Case of the prosecution, in brief, is that complainant namely Yuvraj Pisda has lodged the written report that some unknown person has call him and promising to invest money in trading in the name of part time job and taken Rs. 7,43,052/-. During investigation it has been found total transaction of Rs. 50,000/- was done from the bank account of the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant and that bank account was found to be the name of co- accused namely Nehru Lal. So the police registered the case and arrested to the applicant for the alleged commission of offence. 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 incriminating material or proceeds of crime have been recovered from the applicant. The entire case is based on such conjecture and surmises without any direct material evidence against the applicant. The applicant is in jail since 08.11.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 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 material collected during investigation clearly reveals a deep-rooted, structured and profit-oriented criminal conspiracy in which the present applicant has played an indispensable and conscious role in facilitating the commission of large-scale cyber frauds affecting numerous innocent citizens across the country. 5. I have heard learned counsel for the parties and perused the material available on record. 6. In compliance of the Court’s order dated 26.02.2026, the Investigating Officer of the case, Police Station – Range Cyber, Raipur, District – Raipur (C.G.), has filed his affidavit showing the incriminating evidence 3 collected against the applicant during the course of investigation, which is quoted here as under: “1. That, I am the Investigating Officer of the subject crime number, Police Station Range Cyber, Raipur, District Raipur (C.G.) and thus, duly authorized to swear this affidavit on behalf of the Non-Applicant in compliance of the Hon'ble Court's order/direction dated 26.02.2026 and as such fully conversant with the facts of the case. 2. That, the subject case came up for hearing before the Hon'ble Court on 26.02.2026 and after hearing of this matter, the Hon'ble Court has been pleased to direct the Investigating Officer to file his personal affidavit in the matter disclosing the evidence collected against the applicant. Therefore, in compliance whereof, the affidavit is being filed before this Hon'ble Court for its kind perusal. 3. That, the brief description of the case is that, the complainant Yuvraj Pisda has lodged a written report before the Police Station Mujgahan, Raipur to the effect that, some unknown persons have called him promising to invest money in Share Trading in the name of Part Time Job and has taken Rs. 7,43,052/- whereupon FIR under Crime No. 149/2024 has been registered at Police Station Mujgahan, Raipur, District Raipur (C.G.) against the accused applicant and other accused persons for the offence punishable under Sections 420 and 34 of the IPC and thereafter, the same has been forwarded to the Police Station Range Cyber, Raipur for further investigation in the matter. 4. That, during investigation, it was found that, the accused beneficiary HDFC Bank Account 50200086804002 in which, the Mobile Number Number 9399608182 has been registered wherein, on 03.05.2025, an online transaction of Rs. 50,000/- has been found to be deposited and during the investigation, the aforesaid bank account holder was found in the name of the accused Nehru Lal, Resident of PS Basantpur, District Balrampur Ramanujganj (C.G.). Thereafter, he was summoned wherein, he has deposed in his memorandum statement that, he has given the 4 aforesaid bank account to the present accused applicant Mayank Patel for which, he has received Rs. 5000/- from the said accused, which has been distributed between the present accused applicant and his friend Nehru Lal as Rs. 2500-2500/- each. 5. That, during investigation, it is revealed that, in the aforesaid HDFC Bank Account No. 50200086804002, total amount of Rs. 29,04,301/- has been credited/deposited through online financial cyber crime/fraud since its opening date 01.05.2024 till 29.08.2025 and the total amount of Rs. 26,70,131/- has been debited from the aforesaid bank account by the accused persons. 6. That, thereafter, during investigation, the present accused was summoned with regard to the subject transactions made by him therein, a notice under the provisions of the of the B.N.S.S., 2023 was issued to him for interrogation in relation to the bank accounts operated by him and the transactions therein. The present accused appeared and was summoned and notice under the provisions of the B.N.S.S., 2023 to produce documents in relation to the bank account kit, amount received, registered mobile number. Thereafter, the memorandum statement of the present accused was duly recorded. 7. That, in the memorandum statement before the concerned witnesses, the accused applicant has categorically stated and confessed to receiving the proceeds of crime in connivance with the other accused persons. It is further stated by the present accused applicant that, his friend Suraj Patel has told him to provide one Current Bank Account Number for which, he would give Rs. 5000/- to him, thereafter, the present accused applicant Mayank Patel has taken the Aadhar Card and PAN Card of one Nehru Lal of his village and through his mobile number, he has got opened the aforesaid bank account and has sold the same to his friend Suraj Patel for Rs. 5000/- and has given Rs. 2500/- to the said Nehru Lal and has kept Rs. 2500/- with him. 8. That, during investigation, it was found that, total 11 online cyber complaints have been received by the 5 various victims of the various States of the country in the National Cyber Crime Reporting Coordination Portal/1930 regarding online financial fraud/crime committed by the accused persons with them, the details whereof, are as under:- Acknowledgement No. State District Police Station A251133100030 CHHATTISGARH Raipur Sejbahar 20205240015433 ANDHRA PRADESH Nandyal Bethamcherla 20805240032773 DELHI Central Pahar Ganj 21305240016483 HARYANA Gurugram Section-40 30405240003762 ASSAM Jorhat Jorhat 31105240066576 GUJARAT Surat City Jahangir Pura 31905240063738 MAHARASHTRA Raigad Alibag 31906240080869 MAHARASHTRA Dhule Dhule City 32905240014204 TAMIL NADU Coimbatore Pollachi East/Town 33205240006333 WEST BENGAL Kolkata Police Cyber HQ Cyber PS 33305240009562 CHHATTISGARH Raipur Sejbahar 9. That, during the course of investigation, it was found that, the information obtained clearly indicates that, the accused applicant has formed a criminal syndicate and operated within the framework of this criminal organization, which demonstrates his criminal tendencies, his connections to organized gangs and his tendency to commit crimes repeatedly and granting bail to such an accused could lead to recidivism and potentially impact the case. 10. That, the present accused Applicant has been arrested by the Police of Police Station Mujgahan, Raipur, District Raipur on 08.11.2025; in connection with Crime No. 149/2024, registered at Police Station Mujgahan, Raipur, District Raipur (C.G.) against the accused applicant and other accused persons for the offence punishable under Sections 420 and 34 of the IPC and thereafter, the same has been forwarded to the Police Station Range Cyber, Raipur for further investigation. 11. That, if the present accused applicant is granted bail, he will certainly abscond which will have an adverse effect on the investigation of the case and his morale will be boosted and he will again form his own gang and repeat the serious crime which will create resentment in the society. Therefore, if he is granted bail, he will certainly abscond and influence the evidence, which will have an adverse effect on the investigation of the case, as he has been arrested after considerable efforts made by the concerned Police authorities. 6 12. That, the Deponent herein is duty bound to adhere and comply with the direction issued by this Hon'ble Court from time to time and it shall be his most sincere endeavour to ensure implement action with the coordination of the Police Officials as early as possible. 13. That, the contents of the attached Affidavit at Paragraphs No. 01 to 12, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 7. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and upon due consideration of the affidavit filed by the Investigating Officer pursuant to the order of this Court, and the material collected during the course of investigation, it transpires that a prima facie case is made out against the present applicant Mayank Patel. The record reflects that, on the basis of a written complaint lodged by the complainant Yuvraj Pisda, an FIR bearing Crime No. 149/2024 was registered at Police Station Mujgahan, Raipur for offences punishable under Sections 420 and 34 of the IPC, wherein it has been alleged that the complainant was induced to invest money in share trading under the guise of a part-time job and was defrauded of an amount of Rs. 7,43,052/-. 8. During the course of investigation, it has been revealed that the amount obtained through cyber fraud was routed through HDFC Bank Account No. 50200086804002, which was found to be opened in the name of Nehru Lal. The said account is linked with mobile number 9399608182, and investigation has disclosed that an amount of Rs. 29,04,301/- has been credited in the said account from the date of its opening, out of which Rs. 26,70,131/- has been withdrawn. The memorandum statement of the account holder Nehru Lal indicates that 7 he had provided the said bank account to the present applicant Mayank Patel for consideration, and the applicant had further facilitated its use for illegal transactions. The memorandum statement of the present applicant further discloses that he procured the documents of Nehru Lal, got the account opened, and thereafter handed over the bank account kit to co-accused Suraj Patel in exchange for monetary gain, thereby actively participating in the offence. It is further borne out from the record that 11 separate cyber complaints from various States have been registered in the National Cyber Crime Reporting Portal in relation to the said account, which clearly indicates that the account was used as a mule account for routing proceeds of cyber fraud. 9. Considering the gravity and nature of the offence, the magnitude of the defrauded amount, the organized modus operandi adopted by the accused persons, and the existence of cogent evidence including memorandum statements and financial records, this Court is of the opinion that the applicant was an integral part of the fraudulent scheme. In such circumstances, and keeping in view the possibility of the applicant tampering with evidence or influencing witnesses if released on bail, this Court is not inclined to grant bail to the applicant. 10. Accordingly, this first bail application of applicant – Mayank Patel, involved in Crime No. 149/2024, registered at Police Station – Mujgahan, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 420 and 34 of the IPC, is rejected at this stage. 11. Needless to say that the learned trial Court concerned is at liberty to 8 proceed with the trial and conclude the same, expeditiously. 12. 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 Rajshekhar