1 2026:CGHC:18503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2397 of 2026 Ishwari Prasad @ Vivek Patel S/o Shatrughan Patel Aged About 29 Years R/o Village Mudhe Police Station Takhatpur District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - City Kotwali Balodabajar District Balodabajar Bhatapara Chhattisgarh ... Respondent For Applicant : Shri Awadh Tripathi, 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 Balodabazar, District Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 317(4), 318(4), 61(2) (a) of Bhartiya Nyay Sanhita and Section 66 (d) of Information Technology Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.23 20:35:16 +0530 2 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 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 and therefore, the Police has registered the crime and on the basis of the memorandum statement of the one accused Laxmi Narayan Patel, the present accused applicant and other accused persons have been arrested. 3. Learned counsel for the applicant submits that the applicant has been in judicial custody since 28.09.2025, and despite filing of the charge- sheet, not a single prosecution witness has been examined till date. It is further submitted that no incriminating material has been collected against the applicant during investigation, and there is no evidence to show that the applicant received any amount or that his bank account was used in the alleged mule transactions. It is contended that the implication of the applicant is solely based on memorandum statements of co-accused persons. The prosecution has not alleged that the applicant derived any financial benefit, and the commission, if any, was received only by the account holders. He would submit that the applicant is merely a salaried individual acting under instructions, with no involvement in any online trading or illegal activity. He has neither cheated anyone nor participated in the alleged transactions. He would submit that conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 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 13/03/2026 the Investigating Officer has filed his personal affidavit wherein at para 7 of the affidavit it has been stated that during investigation, the memorandum statement of the accused applicant Ishwari Prasad @ Vivek Patel has duly been recorded infront of the relevant witnesses wherein, he has categorically deposed that, he is salaried employee of Shailendra, who has provided Rs. 15,000/-per month salary to the applicant. As per the memorandum of the present accused applicant, it has categorically stated that, while working as Computer Operator, he used to create the Gaming ID for the illegal Cricket Betting Games and further in lieu of creating such illegal cricket betting games, he used to get some commission for creating each ID. He worked as Computer Operator and according to advice of employer Shailendra to talk with Bank Account Holders by way of his phone and according to memorandum statement on the request of Shailendra, he has sent bank account of Ayush to Varun and Ravishankar in which, some transactions have been made out. 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 learned counsel for the parties, materials available on record, further considering the fact that the applicant was engaged in creating Gaming 4 IDs for illegal cricket betting and received commission for the same, he also acted on the instructions of co-accused and facilitated sharing of bank account details used for financial transactions, in view of the specific role attributed to the applicant and 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 Ishwari Prasad @ Vivek Patel involved in Crime No.763/2025 registered at Police Station City Kotwali Balodabazar, District Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 317(4), 318(4), 61(2) (a) of Bhartiya Nyay Sanhita and Section 66 (d) of Information Technology 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