Bilaspur (C.G.) v. State Of Chhattisgarh Through
Case Details
1 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.29 20:12:05 +0530 2025:CGHC:22456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4133 of 2025 Shekhar Chaturthi S/o Ramcharan Chaturthi Aged About 23 Years R/o Ward No.-09, Raman Vihar, Kargiroad, Kota, Police Station - Kota, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Cyber Police Station, Range Bilaspur, District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s)
Legal Reasoning
rejected by this Court in MCRC No. 4094 of 2025 vide order dated 27.05.2025. As such, the bail application of the present applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Perusal of the case diary goes to show that the case is related to online cyber fraud and the accused in connivance with other co- accused, opened bank accounts of people involved in online 5 gaming and online fraud and received commission for opening the said accounts and also did online verification of those opened accounts and also did the work of removing frozen accounts. Further, during the investigation, the fraud amount of Rs.97,83,492/- has been found deposited in total 82 bank accounts. At present the cases of cyber fraud are increasing continuously. Therefore, considering the gravity and nature of the crime, it does not seem to be a suitable case to grant bail to the applicant/accused. 7. Accordingly, the bail application of applicant- Shekhar Chaturthi, involved in Crime No. 08/2025, registered at Police Station Cyber Police Station, Range Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4), 323 of the BNS, 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. Sd/- (Ramesh Sinha) Chief Justice Ravi Mandavi
Arguments
: Mr. Akhtar Hussain, Advocate For Respondent(s) : Mr. R.S. Marhas, Add. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice 29.05.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 08/2025, registered at Police Station Cyber Police Station, Range Bilaspur, District - Bilaspur (C.G.) for 2 the offence punishable under Sections 61, 317(5), 318(4), 111(3) (4), 323 of the BNS. 2. The prosecution story in brief, is that on 27.10.2023 the Police Head Quarter Raipur, through its letter no. पुनु/तक.से./ सायबर /सी15/01/582/2023 sent a letter to Cyber Range, Bilaspur, Distt. Bilaspur and directed for investigation for mule accounts, which are related to the account holder of various bank that is UCO Bank, ICICI Bank, Kotak Mahindra Bank, SBI Bank, Bandhan Bank, Bank of Baroda, Indian Bank etc. After receiving of the letter from the Head Quarter, the police concern has acted upon and during the course of investigation, it was found that the present applicant along with the other accused persons of the case being conspired with each other with intention to commit cheating with the bank account holders allured bank to get huge money through online games, share trading, online jobs and obtained of Rs. 97,83,492/- in 82 account of different banks and different account holders, thereby all the accused persons have committed aforesaid alleged crime and thereafter they have been arrested by the Police concern with crime no. 08/2025 and after completion of the investigation the police concern has filed charge-sheet. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that entire case of the prosecution is false fabricated and 3 baseless whereas the present applicant has done nothing so that he can be implicated in the instant crime. Looking to the FIR, there is no any evidence present against the applicant and he has been arrested by the police concern only on the basis of the memorandum given by the other accused persons of the case. Further, during the course of the investigation, nothing has been seized from the possession of the present applicant, it is objectionable in nature or connecting the present applicant with the aforesaid crime. The present applicant is M.A. student and if he will would not enlarged on bail, then definitely his educational life would be effected. Other accused persons of the case namely Pratham Soni in M.Cr.C. No. 2118/2025 vide order dated 08.05.2025 and applicant Kunal Mandavi in M.Cr.C. No. 3744/2025 by order dated 13.05.2025 and Rakesh Bedpal in M.Cr.C. No. 3966/2025 by order dated 20.05.2025 have been enlarged by this Court and the case of the present applicant is similar to these accused persons. So far as criminal antecedent of the applicant is concerned, as mentioned in para 4A of the bail application, the applicant has no previous criminal antecedent. Lastly, applicant is languishing in jail since 25.02.2025, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he pray for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in 4 the present case before the competent Court. He further submits the allegation against the applicant/accused is that he was a Kotak Mahindra Bank. While working as Relationship Manager in Bank, Telipara Branch and in Axis Bank Main Branch Bilaspur, in connivance with Aman Tiwari, opened bank accounts of people involved in online gaming and online fraud and received commission for opening the said accounts and also did online verification of those opened accounts and also did the work of removing frozen accounts. Further, during the investigation, the fraud amount of Rs.97,83,492/- has been found deposited in total 82 bank accounts and charge-sheet has been filed against 25 persons. So far as co-accused persons who have been granted bail by this Court are concerned, the case of the present applicant is distinguishable from that of the co-accused. Further, bail application of one another co-accused namely Dipanshu Sahu, whose case is identical to that of the present applicant has been