Mahasamund (C.G.) v. State Of Chhattisgarh Through Police Station
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.26 18:03:37 +0530 2025:CGHC:49236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5389 of 2025 1 - Deepak Tilwani S/o. Late Sudama Lal Tilwani, Aged About 35 Years R/o. Mahavir Nagar Ajad Nagar, House No. A-37, Raipur, Tehsil And District - Raipur (C.G.). 2 - Mahesh Jaish S/o. Raghunath Jaish Aged About 62 Years R/o. Ward No. 13, Backside Of Gurudwara, Next To Street Of Shiva Temple, P.S., Tehsil And District - Mahasamund (C.G.). ... Applicants versus State Of Chhattisgarh Through Police Station - Mahasamund, District - Mahasamund (C.G.). ... Respondent For Applicants
Legal Reasoning
: Shri Shubhank Tiwari, Advocate. For : Shri Jitendra Shrivastava, G.A. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice 25/09/2025 Order on Board 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of 2 regular bail to the applicants who have been arrested in connection with Crime No.214/2025 registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (α), 111, 3(5) of The Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that there were illegal transaction of more than one crore in 6 different bank accounts between 22.08.2023 to 20.05.2025. When it was investigated, the prosecution has discovered that account holders were Ravinder Singh Chawla (Chawla Transport, Raipur), Ram Enterprises (Adarsh Chowk, Mahasamund), Prem Enterprises which is having two bank accounts, one in Bank of Baroda & other in Canara Bank (Adarsh Chowk, Mahasamund), Shital Sahu & Navsaad Sahu. From the Memorandum Statement of Ravinder Singh Chawla, name of Deepak Tilwani & Mahesh Jaish (present applicants) were added. Hence, the present applicants were made accused. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case and there is no direct or indirect involvement of the applicants in the present case. He would submit that the amount was neither been credited to their account nor they have inducted any person to provide the details of accounts. He would submit that the applicants are not having any business with these forgery and all of a sudden from nowhere, the FIR was lodged against them. He would submit that charge sheet has been filed, the applicants are in jail since 22/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail 3 application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that in compliance of the Court’s order dated 10/09/2025, the Superintendent of Police has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 10/09/2025, the Superintendent of Police, Mahasamund, District Mahasamund has filed his personal affidavit which reads as under:- “xxx xxx xxx 3. That, in compliance of the Hon'ble Court's direction, it is most humbly and respectfully submitted that, the Government of India, Ministry of Home Affairs, has created a Cyber Crime Reporting Portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them, filling in the information of mobile numbers and bank accounts used in cyber fraud. 4.That, the brief description of the case is that, the Government of India, the Ministry of Home Affairs, has established the Cyber Crime Reporting Portal to prevent cyber crime in India. The victims of cyber crime file an online report by detailing their cyber fraud and providing information about the mobile number and bank account used in the fraud. These are mule bank accounts used by cyber criminals to receive fraud money. Information was received through Cyber Crime Reporting Portal Coordination that, 5 bank account holders of Canara Bank, Mahasamund with account numbers 110130395571, 110140156650, 120028802661, 120031697271 and account holder of Bank of Baroda Branch Mahasamund and account number 87300200001449 are being used to obtain money through cyber fraud. As per the instructions received from the Police 4 Headquarters, the details of the above incident alongwith the details were sent by the Cyber Cell District Mahasamund to the City Kotwali Police Station Mahasamund for action. Against the aforesaid bank account holders, a Crime No. 214/2025 was registered under Sections 317 (2), 317 (4), 318 (4) and 61 (1) (A) of the B.N.S., 2023 and the matter was taken into investigation. During investigation, the information of the bank account holders, KYC details of their registered mobile numbers and other information have been obtained from the concerned Banks. 5. That, during the course of investigation, the arrested accused Deepak Talwani was found to have played the role of mediator in selling the Central Bank Account Number 5643915852 of accused Mahesh Jayes in which, financial transactions of Credit- Rs 1,69,09,855.00 /- & Debit Rs. 1,67,01,105.00/-/- were found in a short period of time and the Canara Bank Account Number 120028802661 of accused Ravinder Singh Chawla in which, financial transactions of Credit- Rs 95,52,119.70 /-& Debit Rs. 95,52,119.70/- were found in a short period of time. The accused Deepak Tilwani used the accounts for illegal activities like betting and online gaming. Deepak Tilwani and Tushar Makhijani have been named as accused in the case. Based on the evidence collected in the case, the accused Deepak Tilwani was arrested and the challan proceedings have been initiated against Deepak Tilwani, Ravinder Singh Chawla and one other in case of Crime No. 12/2024 for the offence under Sections 318 (4) (3) (5) of the B.N.S., 2023 by the Police Station Range Cyber, Raipur, District Raipur (C.G.). 6. That, the present accused applicant Deepak Tilwani has categorically stated in his memorandum statement that, he is well acquainted with the accused Tushar Makhijani since last four years, who is basically resident of New Rajendra Nagar, Raipur and presently, residing at New Delhi whose mobile number is 9589993389 and used to work of betting and cyber 5 fraud. The said accused Tushar promised to given him Rs. 15000 if he provided him with an account, ATM, online banking and other bank related documents, then he opened two accounts in his name and provided to Tushar with his Aadhar Card, PAN card and mobile number, then the said Tushar gave him Rs. 15000 in two installments, each of which amounted to Rs. 30000/- He then went to his acquaintance's office to pay him Rs. 15000. When Ravinder Singh Chawla was also informed about the account, he too opened an account and gave it to Tushar. These people used to send that account through courier. He also knows Mahesh Jais, Ravinder and he told Mahesh Jais about selling the account. Then Mahesh also opened an account in Central Bank and gave it to him in which, he asked for money from Tushar and gave it to Ravinder. He was jailed from Raipur Civil Line Police Station on the pretext of selling the account and is currently on bail. Currently, he has mobile number 7500899000 of Oppo A-5 company and Jio SIM which he used to contact the accused persons. The accused in greed for money has used the bank accounts to earn illegal money and has sold them to obtain money. The above bank accounts are being used to receive money from online fraud and to earn illegal money. 7. That, the present accused applicants have been arrested by the Police of Police Station Mahasamund, District Mahasamund on 22.05.2025 in connection with Crime No. 145/2025, registered at Police Station Mahasamund, District Mahasamund (C.G.) against the present accused applicants for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (A), 6 111 and 3 (5) of the Bhartiya Nyay Sanhita, 2023 and after due completion of the investigation, the Challan has been filed before the concerned Judicial Magistrate, District Mahasamund against the accused applicants and other accused persons.” 7. From perusal of the affidavit filed by the Superintendent of Police goes to show that the applicant No.1 accused Deepak Tilwani was found to have played the role of mediator in selling the Central Bank Account Number 5643915852 of applicant No.2 accused Mahesh Jaish in which, financial transactions of Credit- Rs.1,69,09,855.00 /- & Debit Rs.1,67,01,105.00/- were found in a short period of time and the Canara Bank Account Number 120028802661 of accused Ravinder Singh Chawla in which, financial transactions of Credit- Rs.95,52,119.70/- & Debit Rs.95,52,119.70/- were found in a short period of time. The applicant No.1 Deepak Tilwani used the accounts for illegal activities like betting and online gaming. Applicant No.1 Deepak Tilwani and Tushar Makhijani have been named as accused in the case. Taking into consideration the nature of allegation that the applicant No.1 Deepak Tilwani played a role of mediator in selling bank accounts, including that of applicant No.2 Mahesh Jaish (Central Bank) and Ravinder Singh Chawla (Canara Bank), which were used for suspicious financial transactions, applicant No.1 Deepak Tilwani admitted to have sold his own account and facilitated the sale of others' accounts to Tushar Makhijani, who allegedly used them for betting and cyber fraud and the modus operandi reflects a well-orchestrated and large-scale financial fraud committed through digital platforms, causing substantial monetary loss and public harm, thus involvement of the applicants in the alleged offence appears to be reasonable and such 7 incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find it to be a fit case to release the applicants on regular bail. 8. Accordingly, the bail application of applicants Deepak Tilwani & Mahesh Jaish involved in Crime No.214/2025 registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (a), 111, 3(5) of The Bhartiya Nyay Sanhita, 2023, is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri