1 2026:CGHC:19684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2706 of 2026 Chandrakant Nishad S/o Laxmi Prasad Nishad Aged About 28 Years R/o Indira Nagar Thana, City Kotwali, Raigarh, District Raigarh, C.G. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Kotra Road, Raigarh, District Raigarh, C.G. ... Non-Applicant For Applicant : Mr. Hari Agrawal, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Govt. Advocate 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 437/2025 registered at Police Station– Kotra Road, Raigarh, District Raigarh, (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 318(3), and 318(4) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that various complaints pertaining to alleged cyber fraud were received through the Cyber RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Co-ordination Portal operated by the Ministry of Home Affairs, Government of India under the Indian Cyber Crime Coordination Centre and were forwarded to the concerned police authorities for verification and necessary action. In pursuance thereof, the Office of the Additional Superintendent of Police, Cyber Cell, Raigarh (C.G.), vide letter dated 08.10.2025, received information regarding an alleged cyber fraud from the Office of the Superintendent of Police, Raipur (Cyber), forwarded vide letter No. 582/2023 dated 27.10.2023. During the course of verification, certain bank accounts reflected in the portal records were scrutinized, and it was found that a bank account maintained with ESAF Small Finance Bank bearing Account No. 53220002589663, linked with acknowledgement No. 33302250004048, was involved, wherein a total alleged defrauded amount of Rs.58,115/- was reported, out of which Rs.38,400/- was credited to the said account, which has since been put on hold. Upon obtaining details from the concerned bank, it was revealed that the said account belongs to the present applicant, and it is alleged that the applicant had facilitated or allowed the use of his bank account for receiving funds purportedly arising out of cyber fraud transactions. On the basis of these allegations, FIR bearing Crime No. 437/2025 has been registered against the applicant for offences punishable under Sections 317(2), 317(4), 317(5), 318(3) and 318(4) of the BNS, hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and 3 that no offence, much less the offences punishable under Sections 317(2), 317(4), 317(5), 318(3) and 318(4 of the BNS, is made out against him. It is further submitted that the applicant has not been directly involved in the alleged cyber fraud and has neither knowingly participated in any such activity nor derived any unlawful benefit therefrom, and the mere credit of an amount in his bank account, in absence of any cogent material to establish knowledge or intentional involvement, cannot fasten criminal liability upon him. It is also submitted that although the applicant has certain criminal antecedents, the same have been duly explained in paragraph 4(a) of the bail application. It is also submitted that the charge-sheet has been submitted before the competent Court and the present applicant is in jail since 24.11.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that, in compliance of the direction of this Hon’ble Court dated 23.03.2026, the Investigating Officer has filed a detailed personal affidavit clearly disclosing the material collected during the course of investigation against the applicant. It is submitted that during investigation, as reflected in paragraphs 5, 6, 8 and 9 of the affidavit, the bank account bearing No. 53220002589663 maintained with ESAF Small Finance Bank, belonging to the present applicant, surfaced on the National Cyber Crime Reporting Portal in connection with cyber fraud transactions, wherein an amount of Rs.38,400/- out of the total defrauded amount 4 of Rs.58,115/- was credited and subsequently put on hold. It is further revealed that the said amount was directly transacted from the complainant’s account into the applicant’s account, thereby establishing his active involvement. She further submits that as per paragraphs 12 to 14 of the affidavit, cogent digital and banking evidence has been collected indicating that the applicant is not merely a passive account holder but a beneficiary of the fraud proceeds and an active participant in an organized cyber fraud racket, operating as part of a criminal syndicate. It is further submitted that the applicant has as many as five criminal antecedents, out of which he has been granted bail in three cases, one case has been compromised, and in one case under the POCSO Act, he stands convicted, clearly reflecting that he is a habitual offender. It is, therefore, contended that if the applicant is released on bail, there is a strong likelihood of him absconding, tampering with evidence, and indulging in similar offences again, which would adversely affect the trial and create a sense of insecurity in society. Considering the gravity of the offence, the organized nature of the crime, and the antecedents of the applicant, it is prayed that the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and the material available on record, and it is evident from the record and the detailed affidavit filed by the 5 Investigating Officer, in compliance of the order dated 23.03.2026, that during investigation, the bank account of the present applicant bearing No. 53220002589663 maintained with ESAF Small Finance Bank surfaced on the National Cyber Crime Reporting Portal in connection with cyber fraud transactions, wherein an amount of Rs.38,400/- out of the total defrauded amount of Rs.58,115/- was credited and traced directly from the complainant’s account to the applicant’s account. The material collected further discloses, as reflected in paragraphs 5, 6, 8, 9 and 12 to 14 of the affidavit, that the applicant was not a mere account holder but an active participant and beneficiary of the fraud proceeds, and was instrumental in facilitating the use of the said account as part of an organized cyber fraud racket. The investigation also indicates the existence of a criminal syndicate in which the applicant is actively involved, thereby showing a systematic and deliberate modus operandi to cheat innocent persons. Moreover, the applicant has as many as five criminal antecedents, out of which in three cases he has been enlarged on bail, one case has been compromised, and in one case under the POCSO Act he stands convicted, clearly establishing that he is a habitual offender with a tendency to indulge in similar offences repeatedly. In such circumstances, there is a strong likelihood that if released on bail, the applicant may misuse the liberty, abscond, tamper with prosecution evidence, or again engage in similar cyber offences, which would not only hamper the fair trial but also adversely affect society at large. Considering the gravity of the offence, the organized nature of the crime, the cogent 6 evidence collected during investigation, and the antecedents of the applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Chandrakant Nishad, involved in Crime No. 437/2025 registered at Police Station– Kotra Road, Raigarh, District Raigarh, (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 318(3), and 318(4) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 Rahul Dewangan