Sameer Kashyap S/o Shri Shiv Kumar Kashyap Aged About 31 Years R/o Ward No v. State of Chhattisgarh Through Cyber Range Police Station, Bilaspur District - Bilaspur
Case Details
Digitally signed by AMIT PATEL 1 2025:CGHC:36218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4369 of 2025 Sameer Kashyap S/o Shri Shiv Kumar Kashyap Aged About 31 Years R/o Ward No. 03, Mahamaya Para, Ratanpur, Police Station Ratanpur, District - Bilaspur (C.G.) --- Applicant versus State of Chhattisgarh Through Cyber Range Police Station, Bilaspur District - Bilaspur (C.G.) --- Respondent(s) MCRC No. 5536 of 2025 Goverdhan Lal Baghel S/o Premlal Baghel, Aged About 27 Years R/o Village- Rampur, Police Station Bilaigarh, District- Sarangarh- Bilaigarh (C.G.) Alfa Mobile, Pamgarh, P.S. - Pamgarh, District Janjgir-Champa C.G. ---Applicant Versus State of Chhattisgarh, Through Station House Officer, Police Station- Cyber Thana, Bilaspur, District Bilaspur C.G. --- Respondent(s) 2 MCRC No. 5473 of 2025 Karan Singh S/o Bachchan Singh, Aged About 34 Years R/o Mahima Nagar, Sirgitti, Tahsil And District Bilaspur Chhattisgarh Note-Fathers Name Is Wrongly Mentioned As Pancham Singh In The Impugned Order Dated 21-05- 2025 ---Applicant Versus State of Chhattisgarh Through Police Station Cyber Police Station, District Bilaspur Chhattisgarh --- Respondent(s) MCRC No. 5552 of 2025 Nageshwar Thakur S/o Benu Singh Aged About 25 Years R/o Village Aadrash Nagar Sirgitti Thana Sirgitti Tehsil And District - Bilaspur (C.G.) ---Applicant Versus State of Chhattisgarh Through Reserve Station Cyber Range District - Bilaspur (C.G.) --- Respondent(s) MCRC No. 4894 of 2025 Rukmani Bansod W/o Munnilal Bansod, Aged About 75 Years R/o Prabhat Chowk, Chingrajpara, Sarkanda, Bilaspur, Tah And Dist- Bilaspur C.G. ---Applicant Versus State of Chhattisgarh Through P.S. Cyber Thana, Bilaspur, District- Bilaspur C.G. --- Respondent(s) 3 MCRC No. 4619 of 2025 Vikas Kaiwart S/o Dileep Kumar Kaiwart, Aged About 31 Years (But Kewat Wrongly Mentioned In Lower Court Order) R/o Village - Ratanpur, Police Station - Ratanpur, District - Bilaspur Chhattisgarh ---Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station - Cyber Cell, District - Bilaspur Chhattisgarh (Cause Title taken from Case Information System) --- Respondent(s) For Applicants
Legal Reasoning
: Mr. Arvind Shrivastava Advocate in MCRC No. 5473/2025, Mr. Kashif Shakeel, Advocate in MCRC No. 4369/2025, Mr. Rakesh Kumar Thakur, Advocate in MCRC No. 4894/2025, Mr. Bharat Rajput, Advocate in MCRC No. 5536/2025, Mr. Krishna Kumar Khatri, Advocate in MCRC No. 5552/2025 and Amitesh Kumar Pandey, Advocate in MCRC No.4619/2025. For Respondents /State : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. Since, the bail applications arising out of the same crime number, therefore, they are being heard and decided by this common order. 2. These are the First Bail Applications 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. 09/2025 registered at Police Station- Cyber Range Police Station, Bilaspur, District- Bilaspur (C.G.) for offence under Sections 61(2), 317 (5), 318 (4), 323, 111 (1) (4) of B.N.S., 2023. 3. Case of the prosecution, in brief, is that on 13.05.2025, Shri Suresh Pathak, ASI lodged an FIR in relation to incident took place between 04.12.2023 to 13.05.2025, which was registered under Sections 61(2), 4 317 (5), 318 (4), 323 of BNS, 2023, in Cyber Police Station- Bilaspur. According to FIR as per instructions issued from Police headquarters to investigate the mule accounts, and the Cyber Police Station, Bilaspur through the Police JMIS Portal operated by the Central Government, received information regarding the accounts of Utkarsh Small Finance Bank, Bilaspur and during the investigation it was found that complaints were lodged more than once in the said portal regarding the amount deposited in 21 bank accounts and a transfer of Rs. 6,46,72,004/- was found to have been made through the said accounts from 04-12-2023 to 13.05.2025. During investigation, it was found that the applicants had opened the said bank account for defrauding people of money in the name of online cricket betting, ludo, online game and insurance and seizure action was taken in respect of 08 mobile phones in connection with the same. 4. Learned counsel for the applicant in MCRC No. 4369 of 2025 submits that the applicant has been falsely implicated in the present case and has not committed any fraud and the applicant has not received any amount in his bank amount. The applicant has no directed or indirect relationship with the mobile number, bank account number and WhatsApp group mentioned in the FIR and from the perusal of bank account of present applicant it is clear that no amount mentioned in the complaint was ever transferred in the applicant’s account during that period. The applicant has been arrested by the Cyber Range Police Station in a false and malicious manner on the basis of suspicion only on the memorandum of the other accused. Even no recovery has been made at the instance of the applicant and the applicant is ill and having severe medical problems which cannot be properly treated while in detention. He is in jail since 16.06.2025 and the conclusion of the trial is 5 likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the applicant in MCRC No.4619 of 2025 submits that the applicant has been falsely implicated in the present case and has not committed any fraud. The applicant had given his bank account to his friend Sameer Kashyap on his request to update it, the said passbook is with him and the applicant has not done any transaction of any kind from the said account, he has only opened the account and given to it to his friend. He is in jail since 16.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 6. Learned counsel for the applicant in MCRC No. 4894 of 2025 submits that the applicant has been falsely implicated in the present case and has not committed any fraud. The applicant is an uneducated old woman who has no technical knowledge of the computer, mobile and other electronic devices and her personal data has been misused to commit the said crime, the applicant is unaware of the alleged bank account which has opened in her name and through which the alleged cyber crime was committed. She is in jail since10.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 7. Learned counsel for the applicant in MCRC No. 5473 of 2025 submits that the applicant has been falsely implicated in the present case and has not committed any fraud. The applicant has not been named in the FIR and out of 21 complainants, no one has implicated the applicant, by way of any legally admissible evidence/statement that applicant is the person who was instrumental to get the bank account of anyone on rental basis and illegally misused the same. Further submits that the as per prosecution the amount involved in relation to the Crime No. 09/2025 6 of Cyber Police Station- Bilaspur is to the tune of Rs. 6,46,72,004/-, but in bank account No. 1549017441147473 of Utkarsh Bank, of Nageshwar Thakur, the objectionable transaction in between 08.07.2023 to 14.02.2025 is mentioned only to the tune of Rs. 2,83,534/-. He further submits that no bank account number of applicant is involved in transaction of the alleged money earned by illegal means. The applicant is in jail since 16.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 8. Learned counsel for the applicant in MCRC No. 5536 of 2025 submits that the applicant has been falsely implicated in the present case and has not committed any fraud. A bare perusal of entire charge-sheet, it is evident that there is nothing material available against the present applicant to connect him in commission of fraud. Further submits that the applicant is in jail since 10.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 9. Learned counsel for the applicant in MCRC No. 5552 of 2025 submits that the applicant has been falsely implicated in the present case and has not committed any fraud for which he has been arrested and charged. Further submits that the applicant is in jail since 21.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 10. Learned counsel for the State/non-applicant would oppose the bail applications and submit that the charge-sheet has been filed in the matters before the competent Court and submits that on 13.05.2025, Shri Suresh Pathak, ASI lodged an FIR in relation to the incident took place between 04.12.2023 to 13.05.2025, which was registered for offence under Sections 61(2), 317 (5), 318 (4), 323 of BNS, 2023, in 7 Cyber Police Station- Bilaspur. According to FIR ,as per instructions issued from Police headquarters to investigate the mule accounts, and the Cyber Police Station, Bilaspur through the Police JMIS Portal operated by the Central Government, received information regarding the accounts of Utkarsh Small Finance Bank, Bilaspur and during the investigation it was found that complaints were lodged more than once in the said portal regarding the amount deposited in 21 bank accounts and a transfer of Rs. 6,46,72,004/- was found to have been made through the said accounts from 04-12-2023 to 13.05.2025 and mobile phones have also been seized in connection with the same. The allegation against the applicant- Sameer Kashyap and applicant- Vikash Kaiwart that they sell bank account in return of money and they sold bank account for Rs. 3,000/- each to one Sarthak Vaishnav, upon enquiry it was found that the applicant- Vikash Kaiwart was having Rs. 4,08,034/- amount in his Mule Account No. 1549020000000332. The allegation against the applicant- Rukmani Bansod is that she sold the bank account for Rs. 5,000/- and it was found that she was having Rs. 74,82,999/- in her Mule Account No. 1549010000001608. The allegation against the applicant- Karan Singh that he sold the bank account No. 1549017441147470 to one Kishan Mulchandani and the applicant- Goverdhan Baghel has sold the bank account to one Shatrughan Sahu for Rs. 10,000/- and it was found that he was having Rs. 31,54,114/- in his Mule Account No. 1549020000000441. The allegation against the applicant- Nageshwar Thakur that he has sold the bank account to Karan Singh for Rs. 3,000/- and it was found that he was having Rs. 2,83,534/- in his Mule Account No. 1549017441147473. Thus, it is evident that the applicants had opened the said bank accounts for defrauding people of money in the name of 8 online game i.e., online cricket betting, ludo online game, online job and insurance. Therefore, they are not entitled to be released on bail. 11. I have heard learned counsel appearing for the parties and perused the case diary. 12. After considering the submissions advanced by learned counsel for the parties as well as considering that the charge-sheet has been filed in the present case before the competent Court and allegation against the allegation against the applicant- Sameer Kashyap and applicant- Vikash Kaiwart that they sell bank account in return of money and they sold bank account for Rs. 3,000/- each to one Sarthak Vaishnav, upon enquiry it was found that the applicant- Vikash Kaiwart was having Rs. 4,08,034/- amount in his Mule Account No. 1549020000000332. The allegation against the applicant- Rukmani Bansod is that she sold the bank account for Rs. 5,000/- and it was found that she was having Rs. 74,82,999/- in her Mule Account No. 1549010000001608. The allegation against the applicant- Karan Singh that he sold the bank account No. 1549017441147470 to one Kishan Mulchandani and the applicant- Goverdhan Baghel has sold the bank account to one Shatrughan Sahu for Rs. 10,000/- and it was found that he was having Rs. 31,54,114/- in his Mule Account No. 1549020000000441. The allegation against the applicant- Nageshwar Thakur that he has sold the bank account to Karan Singh for Rs. 3,000/- and it was found that he was having Rs. 2,83,534/- in his Mule Account No. 1549017441147473. Therefore, considering the fact that the applicants had opened the said bank accounts for defrauding people of money in the name of online game i.e., online cricket betting, ludo online game, online job and insurance, therefore, looking to the seriousness of the crime, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 9 13. Accordingly, all the First bail applications of the applicants in Crime No. 09/2025 registered at Police Station- Cyber Range Police Station, Bilaspur, District- Bilaspur (C.G.) for offence under Sections 61(2), 317 (5), 318 (4), 323, 111 (1) (4) of B.N.S., 2023, are hereby rejected at this stage. 14. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 15.OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - AMIT PATEL d/- Sd/- (Ramesh Sinha) Chief Justice