Gandai (C.G.) v. State Of Chhattisgarh Through Station House Of
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:26352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4521 of 2025 1 - Akash Meshram S/o. Manoj Aged About 27 Years R/o. Dauchoura Khairagarh, Dist. Khairagarh-Chhuikhadan-Gandai (C.G.) 2 - Aman Chouhan S/o. Rajkumar Aged About 20 Years R/o. Dauchoura Khairagarh, Dist. Khairagarh-Chhuikhadan-Gandai (C.G.) 3 - Chotu Sarthi S/o. Ashok Aged About 35 Years R/o. Dauchoura Khairagarh, Dist. Khairagarh-Chhuikhadan-Gandai (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station - Khairagarh, Dist. Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-Applicant(s) For Applicants For Non-Applicant/State : :
Legal Reasoning
appears that from the evidence available in record and a prima facie case has established showing the involvement of the applicants/accused in the alleged offence and the alleged crime pertains to online fraud, which is of a serious nature and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find a fit case to release the present applicants. 7. Accordingly, the bail application of the applicants – Akash Meshram, Aman Chouhan and Chotu Sarthi, filed under Section 483 of the BNSS, involved in Crime No. 70/2025 registered at Police Station - Khairagarh, District- Khairagarh-Chhuikhadan- Gandai (C.G.), for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) of BNS and Section 66 D of the Information Technology Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Kunal Sd/- (Ramesh Sinha) Chief Justice
Arguments
Mr. Amit Kumar, Advocate. Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 70/2025 registered at Police Station - Khairagarh, District- 2 Khairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) of BNS and Section 66 D of the Information Technology Act. 2. Case of the prosecution, in brief, is that upon monitoring mule accounts through the coordination portal operated by the Ministry of Home Affairs, Government of India, it was found that 19 bank account holders from various branches, namely Bank of Maharashtra, Punjab National Bank, Canara Bank, HDFC Bank, IDBI Bank, State Bank of India (Khairagarh) and State Bank of India (Saloni branch), have involved in multiple cyber frauds across various states in India. Through fraudulent means, these account holders deceitfully received a total amount of ₹2,88,33,185/- (Rupees Two Crore Eighty-Eight Lakh Thirty-Three Thousand One Hundred Eighty-Five). It has revealed that these account holders, through a criminal conspiracy and for unlawful gain, used their bank accounts to carry out online fraud. Several online complaints have registered in relation to these fraudulent transactions. Based on these complaints, a case has registered against the 19 mule account holders for under Sections 317(2), 317(4), 318(4), and 61(2)(A) of the Bharatiya Nyaya Sanhita (BNS), along with Section 66-D of the Information Technology Act. The case has taken up for investigation. Following seizure proceedings, the accused persons taken into custody and their memorandum statements have recorded. In their statements, they admitted to receiving funds in their bank accounts and earning commissions. Upon finding sufÏcient evidence of the offence, the applicant/accused, along with 3 other co-accused, have arrested. After completing other essential aspects of the investigation and preparing absconding memos for the fugitives and charge sheet has filed before the competent Court. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that the alleged FIR registered against the applicants are nothing but an abuse of process of law. He further submits that there is no evidence against the present applicants which shows that the applicants have committed the alleged offence. The applicants provided there I.D’s for open bank account due to the reason of applicants applied for the loan therefore, applicants provided for formalities i.e. Adhar card and mobile number but after the providing of the documents only account has been opened but loan amount has not been received in the account of applicants. The applicants are not aware about the illegal transaction because they provide documents for loan purpose. The applicants are not well educated therefore, other co-accused taking advantage and committed offence upon the account of the applicants and the applicants are in jail since 02.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State Counsel, appearing for the State/non-applicant opposes the bail application and submits that from perusal of the case diary, it appears that upon monitoring through the Coordination Portal operated by the Ministry of Home Affairs, Government of India, it was discovered that 19 bank 4 account holders from various branches namely Bank of Maharashtra, Punjab National Bank, Canara Bank, HDFC Bank, IDBI Bank, State Bank of India (Khairagarh and Saloni branches), were involved in multiple cyber frauds across different states in India. These individuals deceitfully received a total amount of ₹2,88,33,185/- through fraudulent means. The investigation revealed that the accused conspired for unlawful financial gain by misusing their bank accounts for online fraud. Several online complaints were registered in connection with these activities. After completing key steps of the investigation and preparing absconding memos for the fugitives and in the present case, charge-sheet has been filed before the competent Court. Accordingly, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicants and further the fact that after completion of the entire investigation, charge-sheet has submitted before the competent Court further, allegation against the applicants are that they deceitfully received a total amount of ₹2,88,33,185/- through fraudulent means and the investigation revealed that the accused conspired for unlawful financial gain by misusing their bank accounts for online fraud, further several online complaints were registered in connection with these activities. In their memorandum statements, the accused admitted to opening bank accounts and procuring new SIM cards, which they handed 5 over to the main accused in exchange for commission moreover, it