1 2026:CGHC:19665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2822 of 2026 Prabhakar Rai S/o Shri Prakash Chand Rai Aged About 24 Years R/o Village Borgaon, Sigarpuri, Road P.S. Farasgaon, District- Kondagaon (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Kondagaon, District- Kondagaon (C.G.) ... Respondent For Applicant : Shri B.P. Singh, Advocate. For Respondent/State : Shri Shaleen Singh Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2026 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.329/2025 registered at Police Station Kondagaon, District Kondagaon (C.G) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 3(5), 238(ग) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 05.04.2025 the Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 17:34:48 +0530 2 House Officer of Police Station Kondagaon submitted a report to the Cyber Cell stating that Account No. 327702000000239 of IndusInd Bank. Kondagaon Branch operated by co-accused Yamini Sori, used to receive money obtained through cyber fraud. As per the information available on the MHA Cyber Police Portal, an amount of Rs.51,32,024 obtained through cyber financial fraud was credited into the said account. Investigation revealed that the accused persons knowingly assisted in opening and operating the account to receive and conceal the proceeds of cyber fraud, despite being aware that the money was obtained through dishonest and fraudulent means. Accordingly. Crime No. 329/2025 was registered at Police Station Kondagaon under Sections 317(2), 317(5), and 318(4) of the Bharatiya Nyaya Sanhita, 2023. During investigation, on the memorandum statement of co- accused Yamini Sori, it was further revealed that the applicant destroyed and tore the disputed account documents and cheque to screen evidence, leading to the addition of Sections 238(g) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant was arrested on 30.10.2025, and after completion of investigation, the charge-sheet has been filed and the case is presently under trial. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case and applicant having no knowledge about the money being deposited in the account of the co-accused. He would submit that the applicant has been made accused on the basis of the memorandum statement of co- accused, namely Yamini Sori. He would submit that name of applicant is not present in the FIR and the name of the co-accused Yamini Sori is present and all the transactions were made from the account of co- 3 accused Yamini Sori and the present applicant has not actively participated in the present case and he has been implicated only on the basis of suspicion. He would submit that allegation against the present applicant is that he has destroyed the details and documents of account of co-accused Yamini Sori. He would submit that charge sheet has been filed, the applicant is in jail since 30/10/2025 and conclusion of trial will 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 he would submit that in compliance of the Courts order dated 25/03/2026 the Investigating Officer has filed his personal affidavit. He would submit that allegation against the applicant is that he in connivance with co-accused Yamini Sori and Adil Khan, dishonestly induced the opening of a mule bank account in the name of Yamini Sori at Indian Overseas Bank, Kondagaon, on the pretext of providing monetary benefit. The said account was handed over to the applicant, who remained in possession and control of it. A substantial amount of Rs.51,32,024/- was transacted through this account. The applicant allegedly paid a small sum to Yamini Sori and promised commission on deposits, thereby using the account for illegal financial transactions. He would further submit that bail application of co-accused Yamini Sori has already been rejected by this Court vide order dated 03/02/2026 passed in M.Cr.C. No.10495/2025, therefore considering the nature and gravity of the offence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 4 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that allegation against the applicant is that he in connivance with co-accused Yamini Sori and Adil Khan, dishonestly induced the opening of a mule bank account in the name of Yamini Sori at Indian Overseas Bank, Kondagaon, on the pretext of providing monetary benefit, the said account was handed over to the applicant, who remained in possession and control of it, a substantial amount of Rs.51,32,024/- was transacted through this account, the applicant allegedly paid a small sum to Yamini Sori and promised commission on deposits, thereby using the account for illegal financial transactions, thereby it is evident that the applicant was involved in organized crime and also considering the fact that bail application of co-accused Yamini Sori has already been rejected by this Court vide order dated 03/02/2026 passed in M.Cr.C. No.10495/2025, 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 Prabhakar Rai involved in Crime No.329/2025 registered at Police Station Kondagaon, District Kondagaon (C.G) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 3(5), 238(ग) of BNS, 2023, 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