Nafr High Court
Case Details
1 MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.08.01 18:34:31 +0530 2025:CGHC:37349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1142 of 2025 Smt. Sangita Sahu W/o Chudamani Sahu Aged About 34 Years R/o Vill.- Ghorda, Ward No. 10, Behind Primary School, P.S.- Lalbag, District- Rajnandgaon (C.G.) versus ... Applicant(s) State Of Chhattisgarh Through P.S.- Kotwali, Rajnandgaon (Cg) ... Respondent(s) For Applicant(s)
Legal Reasoning
illegal benefits, thereafter, they were arrested. Prima facie facts shows that there is an active involvement of the present applicant in the alleged offence. Thus, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Smt. Sangita Sahu, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 105/2025, registered at Police Station – City Kotwali, District – Rajnandgaon (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Madhurima
Arguments
: Mr. Rakesh Kumar Thakur, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 30/07/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 105/2025 registered at Police Station – City Kotwali Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS. 2 2. As per the prosecution story and from the perusal of the charge sheet, it is shown that on 06.03.2025, a written complaint application was submitted by Cyber Cell In-charge Vinay Kumar Pammar, Cyber Cell, District- Rajnandgaon, before the Kotwali Police Station, District Rajnandgaon that as per the instructions received from the senior office, in the coordination portal of the Indian Cyber Crime Coordination Center operated by the Ministry of Home Affairs, Government of India, which is a comprehensive guideline for sharing information on cyber crime for police investigation purposes, information related to such mule bank account which has been used to spend, use and enhance the amount obtained from cyber fraud was collected from the coordination portal, in which as per the information received from 01.01.2024 in Indian Overseas Bank branch Rajnandgaon, District Rajnandgaon IFSC code IOBA0002960, total 8 bank accounts located in the said bank respectively 296001000007269, 296001000008325, 296001000008327, 296001000008330, 296002000000244, 296002000000246, 296001000008 414 and 296002000000259 through cyber fraud. The total amount received has been found to be Rs. 1,65,720/-. The money received from cyber fraud has been used by the bank account holders/promoter. The desired information has been obtained regarding the holder of the said bank account which is attached with the application. The holder/promoter who opened the account 3 and helped in obtaining the said amount has been found to be generally proceeding in the said work and enhancing the property by using illegal money which is obtained through cyber fraud knowing that the property has been obtained by dishonesty and some fraudulent means, habitually acquiring such property and having reason to believe that it is being used to hide or dispose of it. Apart from this, detailed information of the related complaints against the above bank accounts can be obtained from the coordination portal of the Government of India and legal action can be taken . On the basis of the written complaint of the applicant, a case was registered under Sections 317(2), 317(4), 317(5), 111, 3(5) of the BNS by the Kotwali Police Station, District- Rajnandgaon (C.G.) During investigation, the mule accounts attached to the case were account numbers 296001000007269, 296001000008325, 296001000008327, 2960010000. On obtaining the bank statement, KYC, account opening form information of accounts no. 08330, 296002000000244, 296002000000246, 296001000008414 and 296002000000259 from the concerned bank branch Indian Overseas Bank branch Ganj Line Rajnandgaon, it was found that there were illegal transactions of lakhs of rupees in the said accounts. On questioning the account holders who provided mule account, accused Sheikh Faijan, Prashant Kumar Soni, Bisahu Ram Sahu and others, admitted to committing the crime by providing mule account and earning money illegally for obtaining illegal benefits. 4 Thereafter, accused Sheikh Faijan, Prashant Kumar Soni, Bisahu Ram Sahu and other accused were arrested and other accused, applicant Smt. Sangeeta Sahu, Sheikh Saifuddin, Bharat Kumar, Uvesh Raza, Shekhar Pasine, Mukesh Nirmalkar, Chandan Nishad were not arrested. As the arrests were pending, the investigation in the case was continued under Section 193(9) of the BNSS and a charge sheet was presented against the arrested accused before the court of Chief Judicial Magistrate, Rajnandgaon. 3. The learned counsel for the applicant argued that the applicant is completely innocent and has been falsely implicated in the present case. The applicant is a semi literate women, who was working as cook in Government School Ghorda and used to prepare Midday Meal for students and she has to take care of her children and seriously ill husband who is suffering from heart disease. He further submits that applicant has never open any account in Indian Overseas Bank, and also not aware with the fact that how the account has been open in her name. The applicant is not acquainted with the co-accused persons. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that this anticipatory bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations 5 levelled against the applicant in the FIR, and from the perusal of the records available in the case diary, it transpires that there were illegal transactions of lakhs of rupees in the said accounts. On questioning the account holders who provided mule accounts accused Sheikh Faizan, Prashant Kumar Soni, Bisahu Ram Sahu and other accused persons admitted to committing the crime by providing mule account and earning money illegally for obtaining