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2026 DAILYLAW 9476 (CHH)

ASHISH KUMAR v. STATE OF CHHATTISGARH

MCRC/2930/2026 · 2026-04-27

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Judgment text

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1 2026:CGHC:19678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2930 of 2026 • Ashish Kumar S/o Late Padumsingh Aged About 23 Years Resident of Village Cher, Police Station And Tahsil Baikunthpur, District Koriya (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through- The Station House Officer, Police Of Police Station Baikunthpur, District Koriya (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2026 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.358/2025 registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 371(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution's case, in brief, is that , a letter was received with regard to the Mule Account Holders as there are 10 account holders on whose accounts the amount of cyber fraud has been VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.29 17:43:53 +0530 2 transferred through different-different states and on being letter received by the police, the police registered the offence and started the investigation with regard to the amount of cyber fraud and during the investigation, after obtaining the details of bank account, the police registered the offences against 10 of the accused persons in the FIR and the present applicant is also named in the FIR. During the investigation, it was found that the applicant is having the account at Bank of Maharastra situated at Baikunthpur and in the account of applicant, a sum of Rs.93,001/- was received, subsequently the applicant has been arrested for the commission of alleged offences along with other co-accused persons. 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 there is no direct evidence on record to show that the applicant himself committed any act of online cheating or cyber fraud. He further submits that he has no direct role in the alleged fraudulent transactions, no amount was transferred by him, no recovery has been made from him, and no evidence links him directly to the fraud. He also submits that the charge-sheet has been submitted in this case and he is in jail since 29.01.2026, 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 applicant has no criminal antecedent. 5. In compliance of the Courts’ order dated 01.04.2026, the Investigating Officer, Police Station – Baikunthpur, District – Korea (C.G.), has filed his additional affidavit disclosing the 3 evidence collected against the applicant during the course of investigation. The relevant portion of the affidavit reads as under:- “5. That, on 23.10.2025, in the letter dated 24.06.2025, sent by the office of the Cyber Cell, Superintendent of Police, District Koriya, it was found that, in the original bank accounts used in cyber fraud, 10 bank accounts holders obtained and observed the transaction details of the said bank accounts from UCO Bank, Indian Overseas Bank, Central Bank of India, Bank of Maharashtra, Branch at Baikunthpur and found that, the amount of cyber fraud from different States was deposited in the aforesaid bank accounts knowing that, the property was obtained by dishonesty and some fraudulent means, habitually acquiring such property and having reason to believe that, in disposing of it, such property was habitually acquired and was engaged in concealing or disposing of the property, which indicates that, the said bank account holders are using their bank accounts for the purpose of earning illegal money and are involved in the crime of cyber crime/fraud and the same has been given to the concerned Criminal gang for use. The mule bank account holders are namely, Mohad. Siddique, Ravishankar Rajwade, Ritesh Sahu, Suryapratap Kurre, Ramchandra Yadav, Narmade Shankar, Ganesh Kumar, Ashish Kumar/present accused applicant, therefore, a by name FIR has been registered against the accused persons including the present accused applicant and the matter was taken into investigation. 6. That, during investigation, it was found that, the present accused applicant holds a Bank Account Number 60527078154 in the Bank of Maharashtra, Branch at Baikunthpur 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 investigation, it was revealed that, a complaint has been made by the complainants namely Shrushti Vishnu Sauthe from Mumbai city, Maharashtra, Ravi Kenwat from Katni (M.P.) and Amit Solanki from Chhatarpur (M.P.) in the National Cyber Crime Reporting Coordination Portal 1930 vide Acknowledgement Numbers 31903250053064, 3210325009788 and 32103250009803 wherein, it was found that, 28.03.2025, various amounts of Rs. 10000/-, 5000/-, 2000-/, 10000/-, 10000/-, 11001/- and 45000/- (Total 93,001/-) have been deposited into the aforesaid bank account of the present accused applicant through cyber fraud/crime from the bank accounts of the aforesaid complainants. 4 8. That, during the investigation, it is further revealed that, in the aforesaid bank account of the present accused applicant, the total credit amount was Rs. 1,05,165/- from the date of its opening on 28.02.2025 and the total debit amount was Rs. 1,04,308.85/- by the accused persons and there was a balance of amount of Rs. 856.15/-, 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.” 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in compliance of the Courts’ order dated 01.04.2026, the Investigating Officer, Police Station – Baikunthpur, District – Korea (C.G.), has filed his additional affidavit disclosing the evidence collected against the applicant which has been mentioned above, from a perusal of the record, it transpires that During the investigation, it was revealed that the total credit amount was Rs. 1,05,165/- from the date of its opening on 28.02.2025 and the total debit amount was Rs.1,04,308.85/- by the accused persons and there was a balance of amount of Rs. 856.15/-, 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 5 money, which was subsequently misappropriated. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this first bail application of applicant – Ashish Kumar, involved in Crime No.358/2025 registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 371(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), is rejected at this stage. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. 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 Vaishali