Nafr High Court
Case Details
1 2025:CGHC:38419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6074 of 2025 Lata Tolani W/o Naresh Tolani Aged About 50 Years R/o Ward No. 47, Sarkanda, Chatterjee Gali, Bilaspur, District Bilaspur C.G. versus ... Applicant State of Chhattisgarh Through Cyber Police Station, Bilaspur, District Bilaspur C.G. ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Priyanshu Gupta, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2025 registered at Police Station – Arakshi Kendra Cyber Police Station, Bilaspur, District Bilaspur, (C.G.), for the offence punishable under Sections 61(2), 317(5), 318(4), 323, and 111(1) (4) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that pursuant to the directions of the Police Headquarters to investigate mule accounts, the Cyber RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Police Station, Bilaspur, through the Police JMIS Portal operated by the Central Government, received information regarding certain accounts in Utkarsh Small Finance Bank, Bilaspur. Upon investigation, it was found that multiple complaints had been lodged on the said portal regarding amounts deposited in 21 bank accounts, and transactions to the tune of Rs.6,46,72,004/- (Rupees Six Crore Forty-Six Lakh Seventy-Two Thousand and Four only) were traced through the said accounts during the period from 04.12.2023 to 13.05.2025. During the course of investigation, it was alleged that the present applicant had used the aforesaid bank account to misappropriate funds in connivance with other accused persons. Consequently, a First Information Report was registered against several persons at Cyber Police Station, Bilaspur, District Bilaspur, under Sections 61(2), 317(5), 318(4), 323, and 111(1)(4) of the Bharatiya Nyaya Sanhita, bearing Crime No. 9/2025, and the matter was taken up for investigation. Statements of witnesses were recorded and, upon completion of the investigation, a charge- sheet was filed before the Court of the Learned Chief Judicial Magistrate, Bilaspur, District Bilaspur (C.G.). Thereafter, the present applicant was arrested on 10.06.2025 in connection with the aforesaid crime and has been in judicial custody since then. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence and she has no involvement or knowledge regarding the alleged transactions. It is submitted that the bank account in question was opened in her name by unknown persons who misled her into providing 3 documents on the pretext of opening a Jan Dhan account and later took away the passbook, cheque book and ATM card stating that the account had been rejected. The FIR mentions the applicant’s name only on the basis of the said account number; however, the charge-sheet itself reflects that the mobile number linked to the account belongs to another individual, Dhara Singh, resident of Ujjain (M.P.), who is unknown to the applicant. He further submits that no incriminating article has been seized from the applicant, no specific allegation has been levelled against her, and her name does not figure in the statements of any co-accused or witnesses. It is further submitted that the applicant is a woman with family responsibilities, has no criminal antecedents, and continued incarceration would serve no useful purpose as investigation is complete and charge-sheet has been filed. He also submits that the present applicant is in jail since 10.06.2025 and conclusion of the trial is likely to take considerable time as multiple accused (14 in total) are involved, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel vehemently opposes the bail application and submits that, in compliance with the directions issued by the Police Headquarters to investigate mule accounts, the Cyber Police Station, Bilaspur, through the Police JMIS Portal operated by the Central Government, received specific information regarding certain suspicious bank accounts of Utkarsh Small Finance Bank, Bilaspur. Upon detailed investigation, it was revealed that multiple complaints had been registered on the said 4 portal concerning deposits and fraudulent transactions in 21 bank accounts, and transactions amounting to Rs.6,46,72,004/- (Rupees Six Crore Forty-Six Lakh Seventy-Two Thousand and Four only) were routed through these accounts between 04.12.2023 and 13.05.2025. It is specifically alleged that the present applicant was operating bank account No. 1549018839801323 of Utkarsh Small Finance Bank, Bilaspur, and was actively involved in selling such accounts for a consideration of Rs.5,000/- each, enticing individuals with the promise of attractive commissions. The said account of the applicant has five online complaints registered on the Cyber Police Portal coordinated by the Government of India, three originating from Kerala, one from Karnataka, and one from Andhra Pradesh. The details are as follows: (i) Complaint by Bijju, resident of Varkala (Kerala), dated 11.01.2024, Ack No. 31501240000933 for Rs.49,987/-; (ii) Complaint by Darshan, resident of Palakkad (Kerala), dated 11.01.2024, Ack No. 31501240001037 for Rs.49,999/-; (iii) Complaint by Anash, resident of Kannur (Kerala), dated 11.01.2024, Ack No. 31501240001014 for Rs.49,980/-; (iv) Complaint by Darshan, resident of Palakkad (Karnataka), dated 11.01.2024, Ack No. 31601240002706 for Rs.40,000/-; and (v) Complaint by Rayali Srinivasan, resident of Sarpavaram, Kakinada (Andhra Pradesh), dated 12.01.2024, Ack No. 30201240000701 for Rs.49,999/-. He further submitted that an amount of Rs.37,040/- was transferred to the applicant’s account as part of the organized cyber fraud committed in connivance with co-accused persons. Further, suspicious transactions to the tune of Rs.31,02,777/- within 5 a period of three months have also been detected in the same account, the investigation of which is still ongoing. He further submits that the applicant is engaged as an agent of the Post OfÏce, her bank statements have been seized, and a charge-sheet has already been filed against 14 accused persons, including the present applicant. He also submits that this Court has already rejected the bail applications of co-accused persons in MCRC Nos. 4369/2025, 5536/2025, 5473/2025, 5552/2025, 4894/2025, and 4619/2025 vide order dated 25.07.2025. Therefore, she is also not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it appears from the material collected during investigation that, pursuant to the directions of the Police Headquarters, a large-scale cyber fraud involving mule accounts was unearthed, wherein transactions amounting to Rs.6,46,72,004/- were routed through multiple bank accounts, including account No. 1549018839801323 allegedly operated by the present applicant. The investigation further reveals that five online complaints from different States, namely Kerala, Karnataka and Andhra Pradesh, stand registered in respect of the said account, and suspicious transactions to the extent of Rs.31,02,777/- within a short span of three months have also surfaced. It is also noted that, as per the prosecution, the applicant was allegedly selling bank accounts for consideration and was 6 found acting in concert with co-accused persons; and the bank statements of the applicant have been seized. Significantly, this Court has already rejected bail applications of several similarly placed co-accused persons vide order dated 25.07.2025 in MCRC Nos. 4369/2025, 5536/2025, 5473/2025, 5552/2025, 4894/2025 and 4619/2025. Considering the magnitude of the fraud, the nature of allegations, the stage of investigation regarding other suspicious transactions, and the fact that specific role of the applicant has surfaced from the record, this Court does not find it to be a fit case for grant of bail. 7. Accordingly, the bail application of the applicant – Lata Tolani, involved in Crime No. 09/2025 registered at Police Station – Arakshi Kendra Cyber Police Station, Bilaspur, District Bilaspur, (C.G.), for the offence punishable under Sections 61(2), 317(5), 318(4), 323, and 111(1)(4) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan