Nafr High Court
Case Details
1 2025:CGHC:31722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5298 of 2025 Sanjay Makhija S/o Nandkumar Makhija Aged About 29 Years R/o Telibandha Gali Number 06 Near Anantpuri Darbar, Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Telibandha, Tehsil And District Raipur (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through Police Station Raipur, P.S. Cyber Police Station, Range Raipur, District Raipur (C.G.) --- Respondent(s) MCRC No. 5342 of 2025 Jyoti Mishra W/o Hanuman Mishra Aged About 39 Years R/o Near Durga Temple, Tulsi Nagar Kushalpur, P.S. Purani Basti, Distt- Raipur C.G. ---Applicant(s) Versus State Of Chhattisgarh Through Station House Office (S H O) P.S. Cyber Police Thana Range, Raipur, Distt- Raipur C.G. --- Respondent(s) For Applicant in MCRC No.5298/2025 For Applicant in MCRC No.5342/2025 For Respondent(s)
Legal Reasoning
: Mr. Rohit Sharma, Advocate. : Ms. Anamika Jain, Advocate. Mr. Jitendra Shrivastava, Government Advocate. 2 Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 09.07.2025 1. Since the above-mentioned three bail applications arise out of same crime number, they are clubbed and heard together and are
Decision
being disposed of by this common order. 2. These are the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 129/2025 registered at Police Station Cyber Police Thana Range, Raipur, Distt- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. The prosecution story in brief, is that the applicants have been charged under Sections 317(2), 317(4), 317(5), 111(3), and 3(5) of the BNS, registered as Crime No. 129/2025 at the Cyber Police Station, Raipur Range. the accused persons allegedly holds a bank account bearing account Nos. 6049507xxxx & 6050391xxxx with Bank of Maharashtra, Raipur Branch, with IFSC Code MAHB000xxxx & MAHB000xxxx. The account has a registered mobile number 910997xxxx, 930057xxxx and 768985xxxx and a balance of Rs. 8,92,842 & 20,71,002. On 31.12.2024 & 12.12.2024, complaints were filed online by Sanju Dole & Kamal Singh and others regarding a cyber fraud involving a financial transaction of Rs. 8,000 & Rs. 16,000 with 3 acknowledgment number 321012500xxxxx & 208012500xxxxx. The investigation revealed that the accused persons bank account showed unusual transactions, with multiple credits and debits of varying amounts, including Rs. 2,000, Rs. 1,55,181, Rs. 82,562, Rs. 8,000, Rs. 10,000, and Rs. 60,300 in the account of applicant Sanjay and Rs. 2,000, Rs. 800, Rs. 20,100, Rs. 20,000, Rs. 3,000, Rs. 15,000, Rs. 1,000, Rs. 1,500, Rs. 500, Rs. 100, and Rs. 1,500 and Debits Rs. 12,500, Rs. 20,000, Rs. 25,500, and Rs. 15,000, in the account of applicant Jyoti among others. The nature of the transactions suggests that the accused persons were involved in organized cybercrime. Further investigation is required to gather evidence regarding the transactions in the accounts, which led to the registration of alleged offence against the applicant. Hence, the bail application. 4. Learned counsel for the applicant in MCRC No.5298/2025 submits that the applicant is innocent and has been falsely implicated in this case. He further submit that having married in December 2023 and welcomed a son on 16.01.2025, the applicant's wife, being less educated, struggles to properly care for their four-month-old child. The applicant's jail custody deprives him of fatherhood's joys and responsibilities, adversely affecting his mental well-being. He also submits that the applicant, hailing from a middle-class family, runs a cloth shop to support his family, his wife faces significant challenges in caring for their newborn alone, as their families and relatives do not reside with them. The 4 applicant is in jail since 27.03.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. Learned counsel for the applicant in MCRC No.5342/2025 submits that the applicant was unaware of any bank account being opened in her name. She provided her Aadhaar card and other documents to her friend Rashmi Vishwakarma's son, Ashwani Vishwakarma, solely for filling out the Pradhan Mantri Awas Yojana form on 28.04.2025, she had no involvement in opening the account or any transactions and she did not receive any transaction alerts for a reported Rs. 16,000/- transaction. Furthermore, the arrest memo lacks a date, suggesting hasty action without evidence. She further submits that the applicant never visited the Bank of Maharashtra. The investigation is fully based on suspicion rather than concrete evidence. Additionally, the charge-sheet reveals discrepancies in identified accounts, and bank officials responsible for account openings, including Branch Managers and Sales Managers, who have not been implicated. The applicant is in jail since 26.03.2025 and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 6. On the other hand, learned State counsel opposes the bail applications and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the investigation revealed that the accused persons bank 5 accounts showed unusual transactions, with multiple credits and debits, which shows that they were involved in organized cybercrime. Furthermore, these individuals deceitfully received a total amount of Rs.8,92,842/- and Rs.20,71,002/- through fraudulent means. The investigation further revealed that the accused / applicants conspired for unlawful financial gain by misusing their bank accounts for online fraud, so far as other co- accused persons are concerned, the bail applications of three of the identically situated co-accused persons, namely, Shivkumar Nirmalkar, Sahil Jethwani and Anju Kumari have already been rejected by this Court vide orders dated 25.06.2025, 26.06.2025 and 08.07.2025 in MCRC Nos.4856/2025, 4906/2025 and 5248/2025. Accordingly, the present applicants are not entitled for grant of bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it prima facie appears that the applicants are involved in a serious cybercrime offense, the investigation revealed that the bank accounts of the accused / applicants demonstrate suspicious transactional activity, marked by numerous credits and debits, suggestive of their involvement in the organized cybercrime, these individuals deceitfully received a total amount of Rs.8,92,842/- and Rs.20,71,002/- through fraudulent means, the 6 investigation further revealed that the accused / applicants entered into a conspiracy to illicitly obtain financial benefits by misappropriating their bank accounts for the purpose of perpetrating online fraud, as regards the other co-accused persons, the bail applications of Shivkumar Nirmalkar, Sahil Jethwani, and Anju Kumari have already been rejected by this Court vide orders dated 25.06.2025, 26.06.2025, and 08.07.2025, in MCRC Nos. 4856/2025, 4906/2025, and 5248/2025, respectively and the case of the present applicants is identical to that of the aforementioned co-accused persons, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 9. Accordingly, the bail applications of applicants - Sanjay Makhija and Jyoti Mishra involved in Crime No. 129/2025 registered at Police Station Cyber Police Thana Range, Raipur, Distt- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3), 3(5) of BNS, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Akhil Sd/- (Ramesh Sinha) Chief Justice