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2026 DAILYLAW 7177 (CHH)

Laxminarayan Patel v. STATE OF CHHATTISGARH

MCRC/2690/2026 · 2026-04-21

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1 2026:CGHC:18465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2690 of 2026 Laxminarayan Patel S/o Dukhuram Patel, Aged About 45 Years R/o Village Kumhari, P.S. Gidhori District- Baloda Bazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. City Kotwali Baloda Bazar, District- Baloda Bazar- Bhatapara (C.G.) ... Respondent For Applicant : Dr. Sudeep Agrawal, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.763/2025 registered at Police Station City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara (C.G.) for the offence punishable under Sections 317(4), 318(4) & 61(2) (a) of BNS and Section 66 D of IT Act. 2. Case of the prosecution, in brief, is that the Cyber cell has issued letter to the concerned Police relating to the mule account that, some GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.23 20:35:15 +0530 2 persons have used the Bank Account Number 1214102000004039 in the IDBI Bank owned and prepared by Laxmi Traders and Mahalaxmi Traders, proprietor Laxmi Narayan Patel and some persons have used the said account in between 24.06.2025 to 01.07.2025 and made transaction of huge money by the proprietor Laxmi Narayan Patel/present accused applicant and therefore, the Police has registered the crime and on the basis of the memorandum statement of the present accused applicant Laxmi Narayan Patel, the other accused persons have been arrested in the case. It is further deposed by the present accused applicant in his memorandum statement that, he met with one Shailendra Chouhan who told him about online trading fraud and its commission and on being allured by him, he had opened a current bank account vide Bank Account Number 1214102000004039 in which, the Mobile Number 8435877444 was got registered. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in a fabricated and baseless story. He would submit that prior to the lodging of the FIR, the applicant had already filed a detailed written complaint dated 15.07.2025 before the Superintendent of Police, District Baloda Bazar-Bhatapara, which has not been investigated till date. It is further submitted that no amount was withdrawn by the applicant from his bank account during the relevant period, and the alleged transactions were carried out by some unknown person. He would submit that the applicant was not present at his residence at the time of inquiry, and his wife had herself requested the bank officials to close the account upon being informed of the suspicious transactions. He would submit that although the bail application of co-accused Anil Kurre has been rejected, the case of the 3 present applicant stands on a different footing. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 20/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that in compliance of the Court’s order dated 23/03/2026 the Investigating Officer has filed his personal affidavit. He would submit that the applicant opened and operated an IDBI Bank account which was used as a mule account for cyber fraud transactions and is accused of acting in connivance with co-accused persons, facilitating illegal online trading and cricket betting activities, and allowing his account to be used for routing and withdrawal of fraudulent funds. It is further alleged that the applicant acted on the instructions of Shailendra Chouhan, received commission from the illegal transactions, and is a beneficiary of the fraud. He would submit that investigation claims that digital and banking evidence links him to an organized cybercrime syndicate involving multiple accused persons. He would submit that the said account is alleged to have been used in transactions amounting to about Rs.6.80 crores, with 61 complaints registered from victims across different states. He would further submit that regular bail application of the co-accused Anil Kurre has been rejected by this Court in MCRC No.381/2026 on 06/02/2026, therefore the applicant is also not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, submission of 4 learned counsel for the parties, materials available on record, further considering the fact that the applicant is alleged to have opened and operated a bank account used as a mule account for routing proceeds of cyber fraud, he is accused of acting in conspiracy with co-accused persons, facilitating illegal online betting/trading activities, and allowing his account to be used for large-scale fraudulent transactions, he received commission from the fraud proceeds and is a beneficiary of the crime & investigation indicates his involvement in an organized cybercrime syndicate, with transactions of about Rs.6.80 crores linked to 61 complaints from victims across various states, in view of the nature and gravity of the offence & further considering the fact that regular bail application of the co-accused Anil Kurre has been rejected by this Court in MCRC No.381/2026 on 06/02/2026, therefore this Court does not find it to be a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of applicant Laxminarayan Patel involved in Crime No.763/2025 registered at Police Station City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara (C.G.) for the offence punishable under Sections 317(4), 318(4) & 61(2) (a) of BNS and Section 66 D of IT Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri