Nafr High Court
Case Details
1 2025:CGHC:47770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6696 of 2025 Deepak Tiwari S/o Subhash Tiwari Aged About 30 Years R/o House No. C-29, Yadunandan Nagar, Tifra, Police Station- Sirgitti, District- Bilaspur C.G. versus ... Applicant State of Chhattisgarh Through Station House OfÏcer, Police Station- Cyber Range, Bilaspur, District- Bilaspur C.G. ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Amit Singh Chauhan, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.09.2025 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 – Cyber Range, 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 in connection with the aforesaid crime and has been in judicial custody since then. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is alleged that the applicant opened a bank account in the name of Sandeep Shrivas, which was later handed over to co-accused Mukesh Thakur, through which transactions of a huge amount were 3 carried out. However, the applicant has never received any amount in his own bank account, and there is no material in the entire charge sheet to connect him with the commission of the alleged offence. It is further submitted that the applicant has no direct or indirect connection with the mobile number, bank account, or WhatsApp group mentioned in the FIR, and a perusal of his bank account clearly shows that no amount referred to in the complaint was ever transferred to his account during the relevant period. The applicant has been arrested by the Cyber Range Police Station merely on the basis of suspicion and the memorandum of a co- accused, without any independent evidence. Even no recovery has been made at the instance of the applicant. He also submits that the charge-sheet has been filed and the applicant is in jail since 26.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel vehemently opposes the bail application and submits that, considering the gravity of the offence and the magnitude of the financial fraud involved, the applicant does not deserve to be released on bail. It is contended that, pursuant to the directions of the Police Headquarters, investigation revealed that 21 bank accounts were used for fraudulent transactions amounting to Rs. 6,46,72,004/- through Utkarsh Small Finance Bank, Bilaspur, during the period from 04.12.2023 to 13.05.2025. The applicant is alleged to have actively participated in misappropriating funds by facilitating one such bank 4 account in connivance with other co-accused. He also submits that this Court has already rejected the bail applications of co-accused persons in MCRC Nos. 6029/2025, 4369/2025, 5536/2025, 5473/2025, 5552/2025, 4894/2025, 4619/2025 and 6074/2025 vide orders dated 01.08.2025, 25.07.2025 and 04.08.2025 respectively. Therefore, he 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, the nature and gravity of the allegations, and the material collected during investigation, it is evident that the present applicant is alleged to have played an active role in facilitating fraudulent transactions amounting to Rs. 6,46,72,004/- through multiple bank accounts in connivance with other accused persons. The offence appears to be well-planned and organized, involving several individuals and mule accounts. Further considering the fact that this Court has already rejected the bail applications of co-accused persons in MCRC Nos. 6029/2025, 4369/2025, 5536/2025, 5473/2025, 5552/2025, 4894/2025, 4619/2025 and 6074/2025 vide orders dated 01.08.2025, 25.07.2025 and 04.08.2025 respectively. 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. 5 7. Accordingly, the bail application of the applicant – Deepak Tiwari, involved in Crime No. 09/2025 registered at Police Station – Cyber Range, 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 trial 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