1 2026:CGHC:18774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2420 of 2026 Vishal Madnani S/o Manoj Madnani Aged About 25 Years R/o Nayaganj Ward Bhatapara, Police Station Bhatapara City, District Balodabazar- Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Of Police Station Bhatapara (City), District - Balodabazar- Bhatapara (C.G.) ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 400/2025, registered at Police Station – Bhatapara (City), District - BalodaBazar- Bhatapara (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2)(A), 112 of Bharatiya Nyaya Sanhita, 2023 and Sections 66(C)and 66(D) of Information Technology Act. 2. As per the prosecution story, in brief, on 14.07.2025, information was received from the Cyber Cell regarding fraudulent online transactions PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.24 17:01:38 +0530 2 carried out during the period from 01.01.2024 to 31.01.2025. In connection with acknowledgment number 33710240054030, it was found that the bank account of co-accused Siddharth Bhoi, bearing Account No. 296101000015261 with Indian Overseas Bank, had received an amount of Rs. 90,666/- through cyber fraud from various states. Subsequently, Siddharth Bhoi was arrested, and in his memorandum statement, he disclosed the name of the present applicant, alleging that the applicant had impersonated him for the purpose of opening the said bank account and had assured him that he would receive money in return. Thereafter, the account was opened in the name of Siddharth Bhoi with Indian Overseas Bank. It is further alleged that the passbook, ATM card, and mobile number linked to the account were handed over to the applicant, and in consideration thereof, the applicant transferred a sum of Rs. 10,000/- to Siddharth Bhoi. On the basis of these allegations, the present applicant was arrested for the commission of the alleged offences. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the present applicant has been roped in for the commission of the alleged offences solely on the basis of the memorandum statement of Siddharth Bhoi, wherein he has stated that the applicant impersonated him for the purpose of opening the bank account and, in lieu thereof, paid him a sum of Rs. 10,000/-. It is also submitted that the applicant has no previous criminal antecedents. It is further submitted that the charge-sheet has already been filed and he is in jail since 22.01.2026. Therefore, it is prayed that the applicant be enlarged on bail. 3 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submits that during the investigation, it is further revealed that, in the aforesaid bank account of the present accused applicant, the total amount was Rs. 93,996/- has been transferred into the aforesaid bank account of the accused applicant, as the aforesaid bank account was being utilized for the purpose of committing cyber fraud and by such fraudulent means and the aforesaid amount has been dishonestly transacted and credited by the accused persons. It is further revealed that, the present accused applicant along with other accused persons, were instrumental in the use of the aforesaid bank account number and thereby deceived innocent persons/people to part with their money, which was subsequently misappropriated. Therefore, it is argued that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. In compliance of the Court’s order dated 18.03.2026, the Investigating Officer of the subject Crime Number and Station House Officer, Police Station – Bhatapara City, District – Balodabazar-Bhatapara (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: 7. That, during investigation, it was revealed that, a total amount of Rs. 11,57,049/- has been credited into the aforesaid Indian Overseas Bank, Bhatapara Branch Account Number 296101000015261 of the present accused applicant within a short span of time period and an amount of Rs. 11,43,221/- has been withdrawn by the accused persons. 4 11. That, during investigation, it was revealed that, there are a online cyber fraud complaint made vide Complaint Acknowledgement Number 33710240054030 by the victim/complainant in the National Cyber Crime Reporting Coordination Portal. 12. That, during the investigation, it is further revealed that, in the aforesaid bank account of the present accused applicant, the total amount was Rs. 93,996/- has been transferred into the aforesaid bank account of the accused applicant, as the aforesaid bank account was being utilized for the purpose of committing cyber fraud and by such fraudulent means and the aforesaid amount has been dishonestly transacted and credited by the accused persons. It is further revealed that, the present accused applicant alongwith other accused persons, were instrumental in the use of the aforesaid bank account number and thereby deceived innocent persons/people to part with their money, which was subsequently misappropriated. 13. 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 told one Siddharth Bhoi to provide bank account alongwith activated SIM for which, he would give him money, therefore, the said Siddhardh Bhoi has opened the aforesaid bank account alongwith the Mobile SIM Number 9109994572 and has given the same to brother of the accused Chandan Madnani from which, the present accused applicant has collected the aforesaid bank account number and SIM and for which, the present accused applicant has given Rs. 10,000/- to the said Siddharth Bhoi via PhonePay and presently, the same SIM and bank account number is being operated by him. The another accused Siddharth Bhoi has also confirmed the commission of the crime in his memorandum statement and has also confirmed the amount of Rs. 10000/- received from the present accused applicant via PhonePay. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has no previous criminal antecedents, further the charge-sheet has already been filed before the competent Court, and he 5 is in jail since 22.01.2026, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 8. Accordingly, the bail application is allowed. Let the applicant - Vishal Madnani, involved in Crime No. 400/2025, registered at Police Station – Bhatapara (City), District - BalodaBazar-Bhatapara (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2)(A), 112 of Bharatiya Nyaya Sanhita, 2023 and Sections 66(C)and 66(D) of Information Technology Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 6 initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. 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 Preeti