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2026 DAILYLAW 7837 (CHH)

RAMGOPAL SHRIWAS v. STATE OF CHHATTISGARH

MCRCA/467/2026 · 2026-04-22

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Judgment text

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1 2026:CGHC:18778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 467 of 2026 Ramgopal Shriwas S/o Shri Manharan Shriwas Aged About 25 Years R/o Village- Anandnagar, Bhairotal, Ward No. 48, Police Station Kusmunda, Tahsil- Darri, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station- Kusmunda, District- Korba (C.G.) ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Dr. Sourabh Kumar Pande, Dy.A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 23/04/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.33/2026, registered at Police Station Kusmunda, District Korba (C.G.) for alleged commission of offence punishable under Sections 318(4), 61(2)(A) and 111 of Bharatiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.24 17:00:59 +0530 2 2. Case of the prosecution, in brief, is that a letter was received by the concerned Police Officer of Police Station Kusmunda whereby it has been informed that the amount cyber fraud has been received by the account holders and on the basis of such letter, the Police registered the offence against the unknown persons, subsequently the matter being investigated by the police and during the course of investigation the police arrested the co-accused namely M.D. Tavrej and his memorandum statement was recorded and in the memorandum statement he stated that he opened the account of his friend i.e. Applicant and Pushpendra Sahu and lieu of opening the account he has given sum of Rs.8000/- to each person and he has been given sum of Rs.30000/- by one Ravi Teja. On the basis of memorandum statement of M.D. Tavrej, the name of applicant appears as one of the account holder, hence this bail application is being filed for grant of anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and has not acted in the manner alleged by the prosecution. He would submit that the name of the applicant appears only in the memorandum statement of the co- accused and even therein it is stated that the bank account was opened at the instance of the co-accused for a small consideration, without any involvement in the alleged offence. It is further submitted that the applicant has fully cooperated with the investigation and was called by the police, where he disclosed all relevant facts. Therefore, custodial arrest is not required. He would further submit that the applicant is a permanent resident of address mentioned in the cause 3 title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for benefit of anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that in compliance of the Court’s order dated 30/03/2026 the Investigating Officer has filed his personal affidavit wherein at para 7 of the affidavit it has been stated 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 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. He would further submit that affidavit filed by the Investigating Officer shows that the applicant is prima facie involved in a large-scale organized cyber fraud, with about Rs. 7 Crores routed through his 4 account, his role in opening accounts and facilitating transactions is evident from the record, considering the nature and gravity of allegation against the applicant, he is not entitled for the benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, further the fact that the present applicant was actively involved in facilitating the commission of a large-scale organized cyber financial fraud, the memorandum statement of the applicant, recorded during investigation, prima facie discloses his role in opening bank accounts, procuring SIM cards, and dispatching related materials to co-conspirators, which were subsequently used for illegal transactions, the bank statements further reveal that an amount of approximately Rs. 7 Crores has been routed through the account linked to the applicant, involving multiple victims across different States, the nature of allegations indicates a well- planned and organized offence carried out in conspiracy with other accused persons, considering the gravity and magnitude of the offence, the active role attributed to the applicant and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant - Ramgopal Shriwas, involved in Crime No.33/2026, registered at Police Station Kusmunda, District Korba (C.G.) for alleged commission 5 of offence punishable under Sections 318(4), 61(2)(A) and 111 of Bharatiya Nyaya Sanhita, 2023 is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri