1 2026:CGHC:18991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2556 of 2026 Gaus Khan @ Baba Khan S/o Mohd Nasir Khan Aged About 29 Years R/o Ward No. 18, Station Para Sakti, District Sakti Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Patthalgaon, District Jashpur Chhattisgarh ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 71/2025, registered at Police Station Patthalgaon, District Jashpur (CG) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that on the basis of information received through the Samnvay Portal operated by the Ministry of Home Affairs, Government of India, it was revealed that an amount of approximately ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.27 17:21:20 +0530 2 Rs.3,00,000/- obtained through cyber fraud from multiple victims across different regions was deposited in a mule bank account bearing No. 10170772636 at IDFC Bank, Pathalgaon. It is alleged that the said account was used to receive proceeds of online fraud and to derive unlawful gain, leading to the registration of Crime No. 71/2025 under Sections 317(2), 317(4), 318(4), 61(2)(A), and 3(5) of the Bharatiya Nyaya Sanhita. During investigation, the account holder, Yashoda Kuren, disclosed that the accused Firoz Khan had taken her bank account details and mobile SIM by falsely representing himself as a Human Rights Commission worker and journalist, purportedly for transaction purposes. Upon custodial interrogation, the accused Firoz Khan further revealed that he, along with co-accused Gaus Khan and others, had committed the offence. The case diary indicates that the accused persons, in furtherance of their common intention, committed cyber fraud by cheating multiple victims and collecting a total amount of Rs.3,00,000/- through online means. Considering the serious nature of the offences, which are punishable with severe sentences including life imprisonment, and the fact that the charge sheet has been filed while other co-accused persons are still absconding, the allegations reflect involvement in an organized cyber fraud operation. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the prosecution witnesses, namely, Smt. Yashoda Kurre and Manmohan Lahare have been examined before the trial Court, however, they have not supported the case of the prosecution, which clearly weakens the prosecution story. He also submits that the applicant has not obtained even a single penny from the aforesaid account holders and has been 3 falsely implicated in the present case. It is further submitted that the father of the applicant is suffering from paralysis and is undergoing treatment, and there is no one available to take care of him. The applicant is in judicial custody since 22.09.2025 and the trial is likely to 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 submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that in compliance of the Court’s order dated 18.03.2026, the Investigation Officer, District – Jashpur has filed his affidavit disclosing the evidence collected during the course of investigation, stating that upon receipt of information from the National Cyber Crime Reporting Portal regarding online financial fraud, it has been duly verified that the bank account bearing No. 10170772636 of IDFC Bank, Branch Pathalgaon, which was provided and facilitated by the present applicant, was used as a mule account for routing proceeds of cyber fraud committed against multiple victims across the country. The investigation reveals that substantial amounts, including Rs. 3,00,000/-, Rs. 6,16,000/- and Rs. 1,50,000/-, were credited into the said account through fraudulent means from different complainants, as reflected from various complaints and FIRs registered in different States. He further submits that during the course of investigation, the account holder Yashoda Kurre disclosed that her bank account and mobile SIM were fraudulently obtained by co-accused Firoz Khan under false pretences, and the same were thereafter utilized by the present applicant in active connivance with other co-accused persons, namely Gaus Khan @ Baba Khan, Jitendra Pandey and Sarfaraz, for carrying out organized cyber fraud activities. The memorandum statements of the co-accused persons clearly establish that the present applicant played a pivotal role in 4 arranging and supplying bank accounts for illegal transactions and sharing the proceeds of crime. 5. It is further submitted that the present applicant, upon being taken into custody, has admitted his involvement in the commission of the offence in presence of independent witnesses and a mobile handset used in the commission of offence has been seized from his possession. The investigation further discloses a well-organized network involving multiple accused persons, out of whom some are still absconding, and continuous efforts are being made to apprehend them and to trace and recover the cheated amount. The charge sheet has already been filed against the present applicant and co-accused Firoz Khan, while further investigation is continuing against the absconding accused persons, and supplementary charge sheet shall be filed upon their arrest. It is later submitted that the present applicant is an active participant in a larger conspiracy involving organized cyber fraud, and his role is significant in facilitating the commission of offence by providing bank accounts for illegal monetary transactions. Therefore, no leniency is warranted in favour of the applicant and the affidavit filed by the Investigation Officer clearly substantiates the involvement of the present applicant in the alleged offences. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the aforesaid submissions and the material available on record, this Court finds that the allegations against the present applicant are serious in nature and disclose his active involvement in an organized cyber fraud. The evidence collected during investigation, including the affidavit of the Investigating Officer and the memorandum statements of co-accused persons, prima facie indicate that the applicant played a key 5 role in facilitating mule bank accounts for routing proceeds of crime. The recovery of the mobile handset and the applicant’s own statement further strengthen the prosecution case at this stage. Further, the investigation reveals a larger conspiracy involving multiple accused persons, some of whom are still absconding, and further investigation is ongoing. In view of the gravity of the offence, the role attributed to the applicant, and the possibility of hampering the ongoing investigation, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of applicant-Gaus Khan @ Baba Khan, involved in Crime No. 71/2025, registered at Police Station Patthalgaon, District Jashpur (CG) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A), 3(5) of Bharatiya Nyaya Sanhita, 2023 is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek