Citation : 2026 Latest Caselaw 655 Chatt
Judgement Date : 17 March, 2026
1
2026:CGHC:12758
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1547 of 2026
Raviraj Pandey S/o Shri Santosh Pandey Aged About 28 Years Near Marwadi
Shamsaan Ghat, Goura Choura Kailashpuri, Distt. Raipur, Chhattisgarh
... Applicant
versus
State of Chhattisgarh Through P/S Range Cyer Civil Line, Distt. Raipur,
Chhattisgarh
... Non-Applicant
For Applicant : Mr. Ajay Kumar Mishra, Advocate.
For Non-Applicant/State : Mr. Saumya Rai, Deputy Government Advocate.
Digitally
signed by
Hon'ble Shri Ramesh Sinha, Chief Justice
PREETI
PREETI
KUMARI
KUMARI
Date:
Order on Board
2026.03.18
17:12:40
+0530
17.03.2026
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. 129/2025 registered
at Police Station - Range Cyber Civil Line, District - Raipur (C.G.) for
the offence punishable under Sections 317(2), 317(4), 317(5), 111
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
2. The prosecution story, in brief, is that the matter relates to mule
accounts, wherein the applicant, along with other co-accused persons,
allegedly committed cyber fraud by opening multiple new accounts and
defrauding a sum of Rs. 64,10,855/-. At present, cyber-crime is
increasing in number, and the alleged offence is prima facie against
society at large. In the present case, it is alleged that a syndicate of
accused persons is involved in committing cyber fraud. The police
have registered the offence under the aforesaid Sections as FIR No.
129/2025, a copy of the FIR is being filed as Annexure A-2. In the
present case, some witnesses have been examined. Some
co-accused persons have already been granted bail by the Hon'ble
High Court, and a copy of the same is enclosed as Annexure A-4. The
present applicant has filed this bail 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 the allegations raised against the
applicants are false and fabricated. The applicants have neither
committed nor participated in any such act which may amount to any
of the offences mentioned above. The conclusion of the trial is likely to
take a prolonged time, and further, no prima-facie case is made out
against the present applicant, therefore, they may be released on bail.
He further submits that other co-accused persons in
MCRC No. 497/2026 and 395/2026 were granted bail by the Hon'ble
High Court, after the Hon'ble Apex Court granted bail in SLP (Cr.) No.
13678/2025 vide order dated 13.10.2025. The case of the present
applicant is similar, and therefore, bail is sought on the basis of parity.
No documentary evidence has been found by the prosecution against
the applicant to show involvement in any online fraud. The applicant
only received a sum of Rs. 2,000/- from the main accused in
connection with the use of his bank account. He also submits that the
applicant has no previous criminal antecedents and the applicant is in
jail since 03.06.2025, 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 the charge-sheet has been filed. He further submits
that from the perusal of record, it transpires that during the course of
investigation, it was found that, the arrested accused mule bank
account holder Raviraj Pandey, Resident of Raipur vide Bank of
Maharashtra, Raipur Branch, Account Number 60486722265 in
which, the Mobile Number 8962983154 was found to be
linked/registered in which, within a short span of time, financial
transactions of Rs. 30,34,660/- has been found to be transacted
illegally through cyber fraud since its opening date. Thus, it appears
that the applicant/accused has carried out extraordinary financial
transactions through the said account. Considering the nature of the
offence and the circumstances in which it has been committed, it prima
facie appears to be an organized crime carried out through cyber
crime. Thus, it is an organized cyber crime committed by the applicant
and the co-accused persons. As such, the bail application deserves to
be rejected.
5. Learned State counsel further submits that the bail applications of
other co-accused persons have already been rejected by this Court
vide orders dated 17.11.2025 and 06.02.2026 passed in MCRC Nos.
8228/2025 and 10207/2025, respectively. Therefore, the bail
application of present applicant is also liable to be rejected on the
same ground.
6. I have heard learned counsel for the parties and perused the case
diary.
7. In compliance of the Court's order dated 12.02.2026, the Investigating
Officer of the subject Crime Number, Police Station Range Cyber,
Raipur, District - Raipur (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:
6. That, during the course of investigation, it was found that, the arrested accused mule bank account holder Raviraj Pandey, Resident of Raipur vide Bank of Maharashtra, Raipur Branch, Account Number 60486722265 in which, the Mobile Number 8962983154 was found to be linked/registered in which, within a short span of time, financial transactions of Rs. 30,34,660/- has been found to be transacted illegally through cyber fraud since its opening date.
7. That, the complainant Rakesh Shah has registered online reports regarding the online cyber fraud of Rs. 990/- on 28.04.2024 and the account has been found to be used to receive the money from online cyber fraud vide Complaint Acknowledgement Number 31904240061859 in National Cyber Crime Reporting Coordination Portal/1930, hence, the crime was registered against the different mule bank account holders and the investigation was taken into investigation.
8. That, a total amount of Rs. 30,34,660/- has been credited into the aforesaid bank account of the accused from the date of opening dated 28.04.2024 and the total amount of Rs. 30,33,661/- has been withdrawn by the present accused applicant till 31.12.2024.
9. That, against the aforesaid bank account number, there is one complaint has been registered in the National Cyber Crime Reporting Coordination Portal/1930, the details whereof, is as under:-
Acknowledgment State District Remarks
31904240061859 Maharashtra Navi Online Finance
Mumbai Fraud
PS
Nerul
10. That, thereafter, during investigation, the
accused/aforesaid mule bank account holder Raviraj Pandey was summoned and questioned and his memorandum statements was taken infront of the relevant witnesses wherein he has categorically deposed that, he has sold his bank account to the accused Sheikh Shoab alongwith the Bank KIT and Net Banking ID at the rate of Rs. 5000/-.
8. Considering the facts and circumstances of the case, allegations
levelled against the applicant in the FIR, and from the perusal of the
records available, it transpires that the applicant was actively and
consciously involved in a well-organized and systematic cyber crime
syndicate, further, from perusal of the record, it transpires that during
the course of investigation, it was found that, the arrested accused
mule bank account holder Raviraj Pandey, Resident of Raipur vide
Bank of Maharashtra, Raipur Branch, Account Number 60486722265
in which, the Mobile Number 8962983154 was found to be
linked/registered in which, within a short span of time, financial
transactions of Rs. 30,34,660/- has been found to be transacted
illegally through cyber fraud since its opening date, further the
accused/aforesaid mule bank account holder Raviraj Pandey was
summoned and questioned and his memorandum statements was
taken infront of the relevant witnesses wherein he has categorically
deposed that, he has sold his bank account to the accused Sheikh
Shoab alongwith the Bank KIT and Net Banking ID at the rate of
Rs. 5000/-, also considering the fact that the bail applications of
co-accused persons have already been rejected by this Court vide
orders dated 17.11.2025 and 06.02.2026 passed in MCRC Nos.
8228/2025 and 10207/2025, respectively, thus, this Court is of the
opinion that it is not a fit case to enlarge the applicant on regular bail.
9. Accordingly, this first bail application of applicant - Raviraj Pandey
involved in Crime No. 129/2025 registered at Police Station - Range
Cyber Civil Line, District - Raipur (C.G.) for the offence punishable
under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (BNS), is rejected at this stage.
10. Needless to say that the learned trial Court concerned is at liberty to
proceed with the trial and conclude the same, expeditiously.
11. 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
Preeti
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