1 2026:CGHC:17259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2018 of 2026 Omprakash S/o Kishun Lal Aged About 24 Years Caste Harijan, R/o- Village- Aamgaon, Kataulipara, P.S.- Charcha District- Koriya (C.G.) ... Applicant versus State Of Chhattisgarh Through- S.H.O. Police Station Baikunthpur, District – Koriya (C.G.) ... Non-applicant For Applicant : Mr. Gyan Prakash Shukla, Advocates. For Non-applicant/State : Ms. Anusha Naik, 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. 119/2025, registered at Police Station – Baikunthpur, District – Koriya (C.G.) for alleged commission of offence punishable under Sections 111, 317(2), 317(4) and 317(5) of the BNS. 2. Case of the prosecution, in brief, is that on the occurrence of the cyber fraud, various victims have lodged their complaints through online medium layer-1 operated in various bank branches. In co-ordination with the Samanvaya portal operated by Indian Cyber Crime Co- ordination Centre (in short I4C) information was received of 14 mule account holder in Bank of Maharastra Baikunthpur. Thereafter, in RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 relation to take action on this regard, the letter received by the Office of Inspector General of Police Raipur Chhattisgarh to initiate legal action against the 14 mule account holder. The details of 14 mule account holder are:- 1. Satyam Kumar Gupta, 2. Vikash Netam, 3. Rahul Chakradhari, 4. Wasim Ansari, 5. Sudama, 6. Omprakash (present applicant), 7. Rajkumar, 8. Arjun, 9. Anshu, 10. Chain Singh 11. Akshay Kumar, 12. Parmeshwar Kurre, 13. Samaylal, 14. Sonu Kumar. During investigation it was revealed that, the amount from cyber crime has been transacted from different states. Thereafter, the applicant was arrested. 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 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 09.05.2025, 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. So far as the co- 3 accused is concnered, a bail application of the co-accused namely Aman Sahu has already been rejected by this Court vide order dated 24.02.2025 passed in MCRC No.707/2026. 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 27.02.2026, the Investigating Officer of the case, Police Station – Baikunthpur, District – Koriya (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under: “1. That, I am presently posted as Sub Inspector, Police Station Baikunthpur, District Koriya (C.G.) and I am the Investigating Officer of the case, therefore, I am conversant with the facts of the case and competent to file the affidavit as directed by the Hon'ble Court. 2. That, vide order dated 27.02.2026 the Hon'ble Court has directed the concerned Investigating Officer to file his personal affidavit disclosing the evidence collected during the course of investigation against the applicant. In compliance of the Hon'ble Court's order, the deponent most humbly and respectfully submits as under:- (i) That, at the outset, the deponent herein most respectfully submits that he holds this Hon'ble Court in the highest esteem and respect. The deponent has never sought or intended to, directly or indirectly, commit any act that interferes with the process of administration of justice. (ii) In compliance of the Hon'ble Court's order, the deponent most humbly and respectfully submits as under:- (a) That, the instant bail application has been filed by the applicant seeking bail in connection with the 4 Crime No. 119/2025 under section 111, 317(2), 317(4), 317(5) of Bhartiya Nyaya Sanhita registered at Police Station Baikunthpur, District Koriya (CG). (b) That, the deponent most humbly and respectfully submits that the above Crime No. 119/2025 was registered on the basis of a letter dated 28.03.2025 from the Additional Superintendent of Police, District Koriya (C.G.). It was identified that as many as 14 bank accounts in the Bank of Maharashtra, Baikunthpur branch, were being operated as 'Mule Accounts' as reported in the Joint Cyber Crime Coordination Team Management Information System operated by the Indian Crime Coordination Centre, and those accounts were utilized for cyber fraud across different states. The offence was registered against 14 account holders, including the present applicant Omprakash Sonwani. (c) During the course of the investigation, concrete evidence has been collected against the present applicant, Omprakash Sonwani, establishing his direct involvement in facilitating online financial fraud: • The applicant, Omprakash Sonwani, operates an account in his own name in the Bank of Maharashtra, Baikunthpur branch, bearing Account No. 60505363996. • On 15.09.2024, a victim named Archana, a resident of Anpara, Sonbhadra, Uttar Pradesh, was defrauded of Rs. 52,500/-. This defrauded amount was directly transferred into the applicant's aforementioned Bank of Maharashtra account (Account No. 60505363996). The victim's complaint is registered under Acknowledgement Number 33109240116728. • Bank transaction records reveal that the applicant's account had a total credit of Rs. 1,06,794/-. • The investigation further revealed that the applicant colluded with co-accused Priyanshu to 5 provide bank accounts to criminals for executing online frauds. • The applicant facilitated the opening of another bank account in the name of his acquaintance/co- accused, Chain Singh Pathari (Account No. 60511550355, Bank of Maharashtra). The applicant handed over the ATM and SIM card linked to this account to the co-accused Priyanshu for gaming and fraud purposes. Chain Singh Pathari received Rs. 1000/- for providing his account details. • That, the transaction details for Chain Singh Pathari's account (Account No. 60511550355) reflect a massive illegal transaction of Rs. 3,88,860/-, which is identified as money obtained through online fraud. • On 09.05.2025, the original bank passbook of Chain Say (Account No. 60511550355) was physically seized from the possession of the present applicant, Omprakash vide Seizure Memo dated 09-05-2025. (d) That, furthermore, the applicant has admitted his involvement in his statement given to the police on 09.05.2025, explicitly stating that he provided bank accounts for fraudulent activities. 3. That, it is respectfully submitted by the deponent that, on the basis of the statements of the accused persons, seizure of the co-accused's bank passbook from the applicant, and the verified online transaction details establishing the flow of defrauded money into the applicant's account, it is clearly established that the present applicant was actively involved in the crime in question. 4. That, consequently, the applicant was arrested on 09.05.2025, and upon completion of the investigation, the charge sheet has been filed before the Hon'ble Court. 5. That, it is most humbly submitted that, considering the offences and also taking into consideration the facts and circumstances of the case, the Learned Additional Sessions 6 Judge, Baikunthpur, District- Koriya (C.G.) has rejected the bail application of the Applicant vide order dated 16-05-2025. 6. It is most respectfully submitted that, in due compliance of the Hon'ble Court's order, the deponent has taken the aforesaid actions. Thus, the Deponent has complied with the Hon'ble Court's order with true letter and spirit. That, the Deponent undertakes to further comply with any direction(s) given by this Hon'ble Court in future also.” 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 Omprakash Sonwani. The record reflects that the case arises out of Crime No. 119/2025, registered at Police Station Baikunthpur, District Koriya, for offences punishable under Sections 111, 317(2), 317(4), and 317(5) of the Bhartiya Nyaya Sanhita, 2023, in connection with the operation of multiple mule bank accounts used for routing proceeds of cyber fraud across different States. 8. During the course of investigation, it has been revealed that as many as 14 bank accounts in the Bank of Maharashtra, Baikunthpur Branch were identified as mule accounts through the Cyber Crime Coordination mechanism. The present applicant is one of the account holders whose involvement has been substantiated by material collected during investigation. It is borne out from the record that the applicant was operating Bank of Maharashtra Account No. 60505363996 in his own name, wherein an amount of Rs. 52,500/-, defrauded from a victim namely Archana, resident of District Sonbhadra (U.P.), was directly credited. The complaint in this regard 7 has been registered on the National Cyber Crime Reporting Portal. Further, the bank transaction records reflect that a total amount of Rs. 1,06,794/- has been credited in the said account. 9. The investigation further reveals that the applicant was actively involved in facilitating the opening and use of another bank account in the name of co-accused Chain Singh Pathari (Account No. 60511550355), which was subsequently handed over, along with ATM card and SIM, to another co-accused Priyanshu for the purpose of committing cyber fraud. The said account reflects transactions amounting to Rs. 3,88,860/-, which have been identified as proceeds of cyber crime. Notably, the original bank passbook of the said account was seized from the possession of the present applicant, thereby establishing his direct nexus with the operation of the mule account. Further, the statement of the applicant recorded during investigation indicates his admission regarding providing bank accounts for fraudulent activities. The material collected, including memorandum statements, seizure memos, and bank transaction records, clearly points towards the active participation of the applicant in facilitating and enabling cyber fraud. So far as the co-accused is concnered, a bail application of the co-accused namely Aman Sahu has already been rejected by this Court vide order dated 24.02.2025 passed in MCRC No.707/2026. 10. Considering the nature and gravity of the offence, the magnitude of the transactions involved, the organized modus operandi adopted by the accused persons, and the possibility of the applicant absconding or influencing witnesses if enlarged on bail, this Court is not inclined to 8 grant the benefit of bail to the applicant at this stage. 11. Accordingly, this first bail application of applicant – Omprakash, involved in Crime No. 119/2025, registered at Police Station – Baikunthpur, District – Koriya (C.G.) for alleged commission of offence punishable under Sections 111, 317(2), 317(4) and 317(5) of the BNS, is rejected at this stage. 12. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 13. 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