Bilaspur Chhattisgarh v. MCRC No
Case Details
1 2025:CGHC:23463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4141 of 2025 Ramlal Yadav S/o Bhushan Yadav Aged About 27 Years R/o Village - Khaira, Post - Jairam Nagar, Police Station Masturi, District - Bilaspur Chhattisgarh --- Applicant State Of Chhattisgarh Through The Station House Officer, Police Station - Cyber Range Bilaspur, District - Bilaspur Chhattisgarh versus MCRC No. 4200 of 2025 --- Non-Applicant Gujjala Jagdish Kumar S/o Late Shri Kameshwar Rao Aged About 30 Years R/o Ward No. 37, Mohan Building, Shankar Nagar Bilaspur, Tahsil And District Bilaspur (C.G.) 495001 --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Cyber Range Bilaspur, District Bilaspur (C.G.) 495001 MCRC No. 4206 of 2025 --- Non-Applicant Roshan Kumar Sahu S/o Lakhan Lal Sahu Aged About 25 Years R/o Vill Limtara, P.S. Sakti, Dist. Sakti (C.G.), Presently R/o Agyey Nagar, House No. 247, Omkaleshwar Mandir, P.S. Tarbahar, Dist. Bilaspur (C.G.) --- Applicant Versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Cyber Police Station, Range Bilaspur, District- Bilaspur (C.G.) --- Non-Applicant 2 MCRC No. 4332 of 2025 Rameshwar Markam S/o Judawan Markam Aged About 29 Years R/o Jairamnagar, P.S. Masturi, District : Bilaspur, Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Cyber Range - Bilaspur, District : Bilaspur, Chhattisgarh --- Non-Applicant MCRC No. 4334 of 2025 Mukhtar Khan S/o Rashid Khan Aged About 25 Years R/o Near Mahamaya Mandir Talapara, Police Station Civil Line, District : Bilaspur, Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through- Station House Officer Cyber Range- Bilaspur, District : Bilaspur, Chhattisgarh --- Non-Applicant MCRC No. 4336 of 2025 Rajkumar Pal S/o Shivnath Pal, Aged About 44 Years R/o Gram Sendri P.S. Koni, District - Bilaspur (C.G.) --- Applicant Versus State of Chhattisgarh Through Station House Officer, Cyber Range Bilaspur District - Bilaspur (C.G.) --- Non-Applicant For Applicant (in MCRC No. 4141/2025) For Applicant (in MCRC No. 4200/2025) For Applicant (in MCRC No. 4206/2025) For Applicant(in MCRC Nos. 4332/2025, 4334/2025 and 4336/2025) For Respondent(s)
Legal Reasoning
: Mr. Paras Mani Shriwas, Advocate. : Mr. Curtis Collins, Advocate. : Mr. Devershi Thakur, Advocate. : Mr. Sudhir Kumar Bajpai, Advocate : Mr. Jitendra Shrivastava, Govt. Advocate. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.16 11:55:20 +0530 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 3 12.06.2025 1. Since the above-mentioned six bail applications arise out of same crime
Decision
number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 08/2025 registered at Police Station- Cyber Range Bilaspur District - Bilaspur, Chhattisgarh, for the offence punishable under Sections 61, 317(5), 318(4), 111(3), 323, {and Section 111(3)(4) in MCRC Nos. 4206/2025, 4200/2025 4332/2025, 4336/2025 and 4334/2025) of Bharatiya Nyaya Sanhita, 2023. 3. As per prosecution case, in short, is that on the basis of information received from the Samanavaya Portal operated by Government of India, different banks and Police Headquarters, it was found during investigation that the users and account holders of several banks, namely, UCO Bank, ICICI Bank, Kotak Mahindra Bank, SBI, Bandhan Bank, Bank of Baroda, Indian Bank and various other banks through conspiracy, stolen money from the account holders without their consent by luring them. These mule accounts were used to harm the victims and take undue advantage of the defrauded money. Total 82 mule accounts have been duped and a total sum of Rs. 97,83,492/- was deposited fraudulently, 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. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in these cases. The applicant 4 in MCRC No.4141/2025 is a labour and he has given his Aadhar Card and Pan Card to one Amit Kumar Pal to open bank account only to transfer money to his family members as he was living out of station and no article or any money has been seized from him. Applicant in MCRC No.4200/2025 has been falsely implicated only on the basis of memorandum statement which states that he has used his credit card to order mobile phone on behalf of other persons and was benefited amount of Rs.10,500/- but no amount has been seized from him nor any passbook was recovered from him. Applicant in MCRC No.4206/2025 used to perform KYC procedures conducted through via online channels and he was not involved in any transactions or operations within the accounts. Learned Counsel appearing in MCRC Nos.4332/2025, 4334/2025 and 4336/2025 submits that the applicants themselves are aggrieved and are the victims of the online fraud. They have no direct or indirect connection with the alleged crime. The applicants were lured and solicited to open account on the pretext of playing online games and earning money and they were unaware about the operations of their accounts. The police has registered the crime only on the basis of suspicion and presumption. They further submitted that other co-accused persons namely, Prathan Soni, Kunal Mandavi, Rakesh Bhedpal, Durgesh Kenwat and Ajay Kumar Dhruw have already been granted bail by this Court passed MCRC Nos.2118/2025, 3744/2025, 3966/2025, 4103/2025, 4071/2025 dated 08.05.2025, 13.05.2025, 20.05.2025, 27.05.2025, 27.05.2025 respectively. The applicants have no criminal antecedents. The applicants are languishing in jail since 26.02.2025, 13.02.2025, 25.02.2025, 11.04.2025, 25.02.2025 and 25.02.2025 respectively, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence, they pray for grant of bail to the present applicants on the ground of parity. 5. Learned counsel for the State/non-applicant opposes the bail 5 application and submits that the charge-sheet has been filed. Further, from a perusal of the record, it is evident that the case is related to online cyber fraud and the applicants in connivance with other co-accused, 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 frozen accounts, further, during the investigation, the fraud amount of Rs. 97,83,492/- has been found deposited in total 82 bank accounts, also considering the fact the bail application of the co-accused persons, namely, Dipanshu Sahu and Shekhar Chaturthi have been rejected by this Court vide order dated 27.05.2025 and 29.05.2025 passed in MCRC Nos. 4094/2025 and 4133/2025 respectively, so far as co-accused persons who have been granted bail by this Court are concerned, the case of the present applicants is distinguishable from that of the co-accused persons, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing 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 applicants and the from a perusal of the record, it is evident that the cases are related to online cyber fraud and the applicants in connivance with other co-accused persons, 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, 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 6 accounts, and further considering the fact that the bail applications of the co-accused persons, namely, Dipanshu Sahu and Shekhar Chaturthi have been rejected by this Court vide order dated 27.05.2025 and 29.05.2025 passed in MCRC Nos. 4094/2025 and 4133/2025 respectively, so far as co-accused persons who have been granted bail by this Court are concerned, the case of the present applicants are distinguishable from that of the co-accused persons, thus, considering the gravity and nature of the crime, it does not seem to be a suitable case to grant bail to the applicants. 8. Accordingly, the bail applications are rejected. Let the applicants – Ramlal Yadav (MCRC No. 4141/2025), Gujjalla Jagdish Kumar (MCRC No. 4200/2025), Roshan Kumar Sahu (MCRC No.4206/2025), Rameshwar Markam (MCRC No. 4332/2025), Mukhtar Khan (MCRC No. 4334/2025) and Rajkumar Pal (MCRC No 4336/2025) involved in Crime No. 08/2025 registered at Police Station- Cyber Range Bilaspur District - Bilaspur, Chhattisgarh., for the offence punishable under Sections 61, 317(5), 318(4), 111(3), 323 {and Section 111(3)(4) in MCRC Nos. 4206/2025, 4200/2025 4332/2025, 4336/2025 and 4334/2025), is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Preeti Sd/- (Ramesh Sinha) Chief Justice