Nafr High Court
Case Details
1 2025:CGHC:35463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5743 of 2025 Pradeep Jamulkar S/o Shri Punne Sheel Jamulkar Aged About 30 Years R/o Shanti Chowk, Purani Basti, Tahsil And District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - P.S. Cyber Cell Headquarter, Raipur, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant :
Legal Reasoning
Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 23.07.2025 Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 129/2025 registered at Police Station – Cyber Cell Headquarter, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the Sub-Inspector of Police, Cyber Cell, Raipur District Raipur, registered the F.I.R. based on a report received through the Government of India's portal. The report 2 indicated that several bank accounts from Bank Of Maharashtra were being used as "mule accounts" to transfer defrauded money, which had been stolen from victims without their consent by offering various forms of inducement. An online report of Cyber fraud had been filed by one Ujjwal Chatterjee regarding the financial fraud of Rs. 33,00,000/- on 17.12.2024 then during the investigation the present applicant's account has seen some unusual activity of credit of Rs. 33,00,000/- and thereafter the amount has been withdrawn in small parts. The holders of these mule accounts allegedly committed fraud by knowingly and dishonestly allowing others to use their accounts to conceal and transfer the defrauded funds. Based on this information, the police registered the FIR, and pursuant to a memorandum statement, arrested the present applicant and subsequently filed a charge sheet. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It is further submitted that no incriminating material or proceeds of crime have been recovered from the applicant. The entire case is based on statements and assumptions without any direct material evidence against the applicant. The applicant is in jail since 26.03.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that the account number 60434134194 in IFSC code MAHB0000981 of Bank of Maharashtra, Raipur branch is said to be in the name of the 3 applicant. Mobile number 9713423432 is registered in the account and the amount of Rs. 38,40,208/- is said to be deposited in the said account. An report of online cyber fraud has been filed by the complainant Ujjwal Chatterjee with acknowledgement Number 33412240011298 regarding the financial transaction of Rs. 33,00,000/- in the said bank account dated 17.12.2024. It has been told that there is a total of 26 bank accounts are reported to be mule accounts in the same IFSC code MAHB0000981 of the above bank. In the case diary, the account statement of account number 60434134194 maintained by the accused from 15.05.2024 to 31.12.2024 has been presented, which shows that about 10-20 transactions have been done in the said account every day, in which the transaction of credit amount on 17.12.2024 was Rs. 15.84/-, and on the same date the account has been credited Rs. 33,00,000/-, and thereafter, on the same date, various amounts to the tune of Rs. 2,32,500/-, 3,00,000/-, 4,99,998/-, 3,11,532/-, 88,000 /-, 2,48,507/-, 2,20,000/-, 4,90,000/-, 5,00,000/-, 3,00,000/- and Rs. 1,09,460/- have been debited which is a transaction of an extraordinary nature, thus, it appears that the aforsaid transactions have been done by the applicant through the said account, and the facts and the circumstances of the case shows that it is an organized cyber crime committed by the applicant and the co-accused persons. So far as the other co-accused persons are concerned, there bail application have already been rejected by this Court vide order dated 09.07.2025 passed in MCRC Nos. 5298/2025 and 5342/2025, and orders dated 26.06.2025, 25.06.2025, 14.07.2025 and 08.07.2025 passed in MCRC Nos. 4906/2025, 4856/2025, 5467/2025 and 5248/2025, respectively. As such, the bail application deserves to be rejected. 5. 6. 4 I have heard learned counsel for the parties and perused the case diary. From the perusal of the records as well as the bail rejection order of the trial Court concerned, it transpires that the account number 60434134194 in IFSC code MAHB0000981 of Bank of Maharashtra, Raipur branch is said to be in the name of the applicant. Mobile number 9713423432 is registered in the account and the amount of Rs. 38,40,208/- is said to be deposited in the said account. An report of online cyber fraud has been filed by the complainant Ujjwal Chatterjee with acknowledgement No. 33412240011298 regarding the financial transaction of Rs. 33,00,000/- in the said bank account dated 17.12.2024. It has been told that there is a total of 26 bank accounts are reported to be mule accounts in the same IFSC code MAHB0000981 of the above bank. From the perusal of the case diary, it transpires that the account statement of account number 60434134194 maintained by the accused from 15.05.2024 to 31.12.2024 has been presented, which shows that about 10-20 transactions have been done in the said account every day, in which the transaction of credit amount on 17.12.2024 was Rs. 15.84/-, and on the same date the account has been credited Rs. 33,00,000/-, and thereafter, on the same date, various amounts to the tune of Rs. 2,32,500/-, 3,00,000/-, 4,99,998/-, 3,11,532/-, 88,000 /-, 2,48,507/-, 2,20,000/-, 4,90,000/-, 5,00,000/-, 3,00,000/- and Rs. 1,09,460/- have been debited which is a transaction of an extraordinary nature, thus, it appears that the aforesaid transactions have been done by the applicant through the said account, and the facts and the circumstances of the case shows that it is an organized cyber crime committed by the applicant and the co-accused persons. So far as the 5 other co-accused persons are concerned, there bail application have already been rejected by this Court vide order dated 09.07.2025 passed in MCRC Nos. 5298/2025 and 5342/2025, and orders dated 26.06.2025, 25.06.2025, 14.07.2025 and 08.07.2025 passed in MCRC Nos. 4906/2025, 4856/2025, 5467/2025 and 5248/2025, respectively. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Pradeep Jamulkar involved in Crime No. 129/2025 registered at Police Station – Cyber Cell Headquarter, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the BNS, is rejected at this stage. 8. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. (Ramesh Sinha) Chief Justice Sd/- Rajshekhar