Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:19005
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2598 of 2026 1 - Mohmmad Tavrej S/o Mohmmad Gayaddin Aged About 23 Years R/o Aanand Nagar Bhairotal Tahsil Darri District- Korba (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer. Kusmunda District- Korba (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Shailendra Dubey, Advocate For Respondent(s) : Dr. Sourabh Kumar Pandey, Dy. A.G. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 24.04.2026
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. 33/2026 registered at Police Station – Kusmunda District - Korba, for the offence punishable under Sections 318(4), 61 (2) (A) & 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
2. As per the prosecution case, in brief, the complainant set the criminal law into motion by lodging a complaint, upon which the matter was taken up for investigation. From the perusal of the
2 case diary, it transpires that on 07.02.2026, Sub-Inspector Rakesh Gupta of Police Station Kusmunda registered a report stating that, in pursuance of Letter No. PU/Korba/S.Thana/02 dated 07.02.2026 issued by the Superintendent of Police, Korba, certain account holders, namely Ramgopal Shrivas and Pushpendra Sahu, were summoned to the police station for the purpose of inquiry. During such inquiry, both the account holders disclosed that one Tabrez, a resident of Anand Nagar, had facilitated the opening of the said bank accounts and had himself misused the same. On the basis of the aforesaid material collected during investigation, the present applicant/accused was issued notice to submit his reply in the matter.
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 not been submitted in this case. It is a submitted that no custodial interrogation of the applicant is required and he undertakes to cooperate with the trial proceedings and abide by all conditions imposed by this Court. The applicant is in jail since 08.02.2026, 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 there is no criminal antecedents
3 registered against the present applicant, and the charge-sheet has not been filed in this case. In compliance with the order dated 19.03.2026 of this Court, the Investigating Officer Shri Mrityunjay Pandey has filed his personal affidavit and the relevant paragraph as under:-
“6. That, during investigation, it was found that, regarding the information of mule account holders received through the National Cyber Crime Reporting Coordination Portal being operated by the Ministry of Home Affairs, Government of India, the list of mule accounts received through the Coordination Portal wherein, it was found on observation that, the amount of cyber fraud committed from the various victims of the various States of the country. After the observing the mule account received through the Coordination Portal, the name of the present
accused
applicant Mohammad Tabrez was found and upon obtaining and examining the transaction details, it was found that, certain money was received from different States of the country into the aforesaid bank account of the present accused applicant. 7. That, during the course of investigation, the present accused applicant was summoned and interrogated regarding the incident and his memorandum statement has been recorded infront of the witnesses wherein, he has categorically deposed that, he had opened an account in Bank of Maharashtra, Korba from one Pushpendra Sahu and Ram Gopal
4 Shrivas and after taking SIM Cards from them, on the advice of his friend Ayush, packed the envelope in the given name and address and went to the Courier Centre and couriered it by writing
the
mobile
number 7771890473 of a person named Ravi Teja in Jaipur, Rajasthan.
The bank statement of the accused was obtained in which, transaction of about 7 Crores was found to be illegally transacted through online cyber financial fraud. Upon reviewing the bank statements, it was found that, the money received from the bank accounts
of
the
various victims/complainants from the various States of the country, had been transferred back to different accounts. In this way, the accused formed an organization and orchestrated the fraud in an organized planned manner. 8. That, during the investigation, it was found that, the present accused applicant Mohammad Tabrez had opened bank accounts for his other associates gang and sent the said account to his friend in Rajasthan and has given money to his other associates in exchange for the account. 9. That, during the investigation, the present accused applicant has told about getting a new SIM Card purchased from his other associates and sending it to Rajasthan also. 10. That, on obtaining the information about the accounts of the accused and his two other associates Pushpendra and Ramgopal Shrivas, it was found that, there was a
5 transaction of about Rs. 7 Crores in all the three bank accounts, which is the amount obtained from the cyber fraud. 11. That, the accused persons have transferred the money obtained from cyber fraud to different bank accounts, the account holders of which, are being traced out by the investigation agency. However, the present accused applicant is not cooperating with the investigation and is not providing any information regarding the address to which, the accounts were transferred and is misleading to the investigation agency. 12. That, the cyber fraud incidents are currently on the rise and if the accused is granted anticipatory protection, he may alert his associates and cause them to abscond. If the present accused applicant, who is the member of the organized gang (for organized cyber crime/fraud), is granted anticipatory protection, he may conspire with his other associates to influence or destroy the evidence and there is every possibility of his absconding. 13. That, during the course of investigation, it was revealed that, the present accused applicant has received the aforesaid fraud money in his aforesaid bank account number and he is beneficiary of this case and obtained money earned from the cyber fraud/crime. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6
6.
Considering the facts and circumstances of the case, this Court finds that the allegations against the present applicant relate to a serious offence involving cyber fraud, wherein during the course of investigation, it was revealed that, the present accused applicant has received the fraud money in his bank account number and he is beneficiary of this case and obtained money earned from the cyber crime. The nature of the offence, coupled with the manner in which it is alleged to have been committed, reflects prima facie involvement of the applicant. Having regard to the gravity of the offence, the stage of investigation, and the overall circumstances of the case, this Court is not inclined to extend the benefit of bail to the applicant. 7. Accordingly, this first bail application of applicant – Mohmmad Tavrej involved in Crime No.33/2026 registered at Police Station – Kusmunda District - Korba, for the offence punishable under Sections 318(4), 61 (2)(A) & 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS), is rejected at this stage. 8. 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 Saxena