Citation : 2026 Latest Caselaw 1403 Chatt
Judgement Date : 8 April, 2026
1
2026:CGHC:16097
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1985 of 2026
Amit Dewangan S/o Devchand Dewangan Aged About 23 Years R/o Aman
Vihar Chaddabadi Gali No.B-06, Mangla, Bilaspur Tahsil And District- Bilaspur
(C.G.)
... Applicant
versus
State Of Chhattisgarh Through- Station House Officer Police Station Range
Cyber Crime, Bilaspur, District - Bilaspur (C.G.)
... Non-applicant
For Applicant : Mr. Sunil Verma, Advocates.
For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate.
RAJSHEKHAR
SONI Hon'ble Shri Ramesh Sinha, Chief Justice
Digitally signed
Order On Board
by
RAJSHEKHAR
08.04.2026
SONI
1.
This is the First bail application filed under Section 483 of the Bhartiya
Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
arrested in connection with Crime No. 08/2025, registered at Police
Station - Range Cyber Crime, Bilaspur, District - Bilaspur (C.G.) for
alleged commission of offence punishable under Sections 61, 317(5),
318(4), 111(3)(4) and 323 of the BNS.
2. Case of the prosecution, in brief, is that when the mule account of the
applicant has been investigated by the Indian Criminal Coordinator
Centre, it appears from the case diary that the Cyber Cell informed on
13.02.2025, it is alleged that several bank accounts for online fraud
and a total amount of Rs. 97,83,492/- was allegedly transferred in 82
Bank Accounts, and that the applicant is one of the accused persons.
The Police of Police Station concerned has registered the crime
against the applicant and other accused persons and arrested the
applicant. Hence, this application.
3. Learned counsel appearing for the applicant submits that the applicant
is innocent and has been falsely implicated in the present case. It is
further submitted that the charge-sheet has been submitted in this
case. It is further submitted that no incriminating material or proceeds
of crime have been recovered from the applicant. The entire case is
based on such conjecture and surmises without any direct material
evidence against the applicant. It is further submitted that a co-accused
namely Karan Singh is granted bail by the Hon'ble Apex Court vide
order dated 14.10.2025 passed in CRA No. 4487/2025. The applicant
is in jail since 11.09.2025, and the conclusion of the trial shall take
quite long time. Therefore, he prays for grant of bail.
4. On the other hand, learned State counsel opposes the bail application
and submits that from the perusal of the case-diary it transpires that
the material collected during investigation clearly reveals a deep-
rooted, structured and profit-oriented criminal conspiracy in which the
present applicant has played an indispensable and conscious role in
facilitating the commission of large-scale cyber frauds affecting
numerous innocent citizens across the country.
5. I have heard learned counsel for the parties and perused the material
available on record.
6. In compliance of the Court's order dated 16.03.2026, the Investigating
Officer of the case, Police Station - Range Cyber, Bilaspur, District -
Bilaspur (C.G.), has filed his affidavit showing the incriminating
evidence collected against the applicant during the course of
investigation, which is quoted here as under:
"1. That, I Suresh Pathak posted as Assistant Sub-Inspector, Police Station Range Cyber, Bilaspur, District Bilaspur (C.G), as such I am aware of the facts and circumstances of the case.
2. At the outset, the deponent respectfully submits that, he is duty bound to follow all the directions & orders passed by this Hon'ble Court from time to time and is having deepest & highest regard for this Hon'ble Court. He shall take all measures to ensure compliance of the orders and directions of this Hon'ble Court and shall leave no stone unturned to see that the commands of this Hon'ble Court are complied.
3. That, in the present case on 16.03.2026 the Hon'ble Court has directed to file a personal affidavit of the Investigating Officer concerned disclosing the evidence collected during the course of the investigation against the applicant. Hence, in compliance of the Hon'ble Court's order an affidavit is being filed.
4. That, the Police Headquarters has received a direction regarding the investigation of the mule account on 27.10.2023 thereafter by the way of the coordination portal which is being worked under the guidelines of the Government of India the investigation of the mule account has been started. That, in furtherance of this investigation the Police has collected details of total 82 bank accounts. Whereby, a huge amount of Rs. 97,83,492/- has been transacted during the investigation the police has called certain people for investigation, who are connected with the aforesaid account. The police found that present applicant namely Amit Dewangan resides at Aman Vihar, Chada Bari Gali No. B06 Mangla, Bilaspur (CG).
5. That, the present applicant Amit Dewangan is the holder of the bank account no. 946910110006419 belongs to the Banks of India and from this account a huge amount of Rs. 4,39,129/- has been transacted from the aforesaid bank accounts of the accused Amit Dewangan, total 17 transactions has been reported and amount of Rs.
52,95,121/- is showing remaining balance which is unexplained. In Cyber police portal regarding the un- authorized transactions the memorandum of present applicant has been recorded and he stated that he is a resident of Mangla, Bilaspur where he does the work of photography and video shooting. One year before he had came in touch with Direndra Verma @ Jeetu @ Ankur, he offered him to work together in Online Gaming, Work from home, share trading for which he required some bank accounts and he offered him some amount. On the basis of the proposal from Direndra Verma the present applicant Amit Dewangan alongwith the co-accused Atul Upadhyay opened their bank accounts and all the documents of banks has been transferred to Jeetu Verma, the present applicant received an amount of Rs. 5,000/- and other different amounts in view of transaction. That, the bank account of the accused was connected with the mobile no. 6267487743 which has been seized with the mobile of Oppo company having model no. A-78.
6. That, in the present case memorandum of one co- accused Atul Upadhyay has also been recorded Atul Upadyay is an applicant in MCRC No. 904/2026 in his confession statement, Atul Upadyay has stated that he has opened an bank accounts under the instructions of the present application Amit Dewangan and after opening the bank account, he has handed over entire documents of the bank account to Amit Dewangan and he received an amount as a commission from Amit Dewangan. That, during the investigation police has seized the account transactions details of Amit Dewangan against the present applicant there are cogent evidence of his involvement in the case as he own memorandum, memorandum of co-accused, bank transactions record, these are the evidences collected by the police against the present applicant.
7. That, at the cost of repetition, it is further most respectfully submitted that, the deponent has the highest regard toward the orders passed by the Hon'ble Court and is duty bound to comply with the same.
8. That, the above submissions may kindly be taken on records of the case."
7. Considering the facts & circumstances of the case, allegations levelled
against the applicant in the FIR, and upon due consideration of the
affidavit filed by the Investigating Officer pursuant to the order of this
Court, and the material collected during the course of investigation, it
transpires that a prima facie case is made out against the present
applicant Amit Dewangan. The record reveals that, pursuant to the
directions issued by the Police Headquarters and through the
coordination portal operating under the guidelines of the Government
of India, investigation into mule bank accounts led to identification of 82
bank accounts, wherein a substantial amount of Rs. 97,83,492/- has
been transacted, indicating a well-organized network of cyber fraud.
8. It has further emerged during investigation that the present applicant is
the holder of Bank Account No. 946910110006419 of Bank of India,
through which an amount of Rs. 4,39,129/- has been transacted, and in
total 17 suspicious transactions have been reported. Additionally, an
amount of Rs. 52,95,121/- is reflected as unexplained balance linked
with the broader chain of transactions under investigation. The
memorandum of the applicant discloses that he came into contact with
one Direndra Verma @ Jeetu @ Ankur, who induced him to participate
in online gaming, work-from-home and share trading activities,
requiring bank accounts for routing transactions. Acting upon such
inducement, the applicant, along with co-accused persons, opened
bank accounts and handed over all banking credentials for unlawful
use in lieu of monetary commission.
9. The involvement of the applicant is further corroborated by the
memorandum statement of co-accused Atul Upadhyay, who has
specifically stated that he opened bank accounts at the instance of the
present applicant and handed over the same to him, thereby
establishing the applicant's active role in facilitating and managing
mule accounts. The seizure of the mobile handset linked to the bank
account, along with transaction records and other documentary
evidence, prima facie establishes the conscious and deliberate
participation of the applicant in the commission of cyber fraud.
10. Considering the gravity and nature of the offence, the magnitude of the
defrauded amount, the organized modus operandi adopted by the
accused persons, and the existence of cogent evidence including
memorandum statements and financial records, this Court is of the
opinion that the applicant was an integral part of the fraudulent
scheme. In such circumstances, and keeping in view the possibility of
the applicant tampering with evidence or influencing witnesses if
released on bail, this Court is not inclined to grant bail to the applicant.
11. Accordingly, this first bail application of applicant - Amit Dewangan,
involved in Crime No. 08/2025, registered at Police Station - Range
Cyber Crime, Bilaspur, District - Bilaspur (C.G.) for alleged commission
of offence punishable under Sections 61, 317(5), 318(4), 111(3)(4) and
323 of the BNS, is rejected at this stage.
12. Needless to say that the learned trial Court concerned is at liberty to
proceed with the trial and conclude the same, expeditiously.
13. Office 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
Rajshekhar
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