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Chattisgarh High Court
Shekhar Chaturthi vs State Of Chhattisgarh on 29 May, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally
signed by
RAVI
RAVI SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
2025.05.29
20:12:05
+0530
2025:CGHC:22456
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4133 of 2025
Shekhar Chaturthi S/o Ramcharan Chaturthi Aged About 23 Years R/o
Ward No.-09, Raman Vihar, Kargiroad, Kota, Police Station - Kota,
District - Bilaspur (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through - Cyber Police Station, Range Bilaspur,
District - Bilaspur (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Akhtar Hussain, Advocate
For Respondent(s) : Mr. R.S. Marhas, Add. A.G.
Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board
29.05.2025
1. The applicant has preferred this First Bail Application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short ‘BNSS’), for grant of regular bail, as he has been arrested in
connection with Crime No. 08/2025, registered at Police Station
Cyber Police Station, Range Bilaspur, District – Bilaspur (C.G.) for
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the offence punishable under Sections 61, 317(5), 318(4), 111(3)
(4), 323 of the BNS.
2. The prosecution story in brief, is that on 27.10.2023 the Police
Head Quarter Raipur, through its letter no. पुनु/तक.से./ सायबर
/सी15/01/582/2023 sent a letter to Cyber Range, Bilaspur, Distt.
Bilaspur and directed for investigation for mule accounts, which
are related to the account holder of various bank that is UCO
Bank, ICICI Bank, Kotak Mahindra Bank, SBI Bank, Bandhan
Bank, Bank of Baroda, Indian Bank etc. After receiving of the
letter from the Head Quarter, the police concern has acted upon
and during the course of investigation, it was found that the
present applicant along with the other accused persons of the
case being conspired with each other with intention to commit
cheating with the bank account holders allured bank to get huge
money through online games, share trading, online jobs and
obtained of Rs. 97,83,492/- in 82 account of different banks and
different account holders, thereby all the accused persons have
committed aforesaid alleged crime and thereafter they have been
arrested by the Police concern with crime no. 08/2025 and after
completion of the investigation the police concern has filed
charge-sheet.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in this case. He further
submit that entire case of the prosecution is false fabricated and
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baseless whereas the present applicant has done nothing so that
he can be implicated in the instant crime. Looking to the FIR,
there is no any evidence present against the applicant and he has
been arrested by the police concern only on the basis of the
memorandum given by the other accused persons of the case.
Further, during the course of the investigation, nothing has been
seized from the possession of the present applicant, it is
objectionable in nature or connecting the present applicant with
the aforesaid crime. The present applicant is M.A. student and if
he will would not enlarged on bail, then definitely his educational
life would be effected. Other accused persons of the case namely
Pratham Soni in M.Cr.C. No. 2118/2025 vide order dated
08.05.2025 and applicant Kunal Mandavi in M.Cr.C. No.
3744/2025 by order dated 13.05.2025 and Rakesh Bedpal in
M.Cr.C. No. 3966/2025 by order dated 20.05.2025 have been
enlarged by this Court and the case of the present applicant is
similar to these accused persons. So far as criminal antecedent of
the applicant is concerned, as mentioned in para 4A of the bail
application, the applicant has no previous criminal antecedent.
Lastly, applicant is languishing in jail since 25.02.2025, though the
charge-sheet has been filed, the conclusion of the trial is likely to
take some time, hence he pray for grant of bail to the applicant on
the ground of parity.
4. On the other hand, learned State counsel opposes the bail
application and submits that the charge-sheet has been filed in
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the present case before the competent Court. He further submits
the allegation against the applicant/accused is that he was a
Kotak Mahindra Bank. While working as Relationship Manager in
Bank, Telipara Branch and in Axis Bank Main Branch Bilaspur, in
connivance with Aman Tiwari, opened bank accounts of people
involved in online gaming and online fraud and received
commission for opening the said accounts and also did online
verification of those opened accounts and also did the work of
removing frozen accounts. Further, during the investigation, the
fraud amount of Rs.97,83,492/- has been found deposited in total
82 bank accounts and charge-sheet has been filed against 25
persons. So far as co-accused persons who have been granted
bail by this Court are concerned, the case of the present applicant
is distinguishable from that of the co-accused. Further, bail
application of one another co-accused namely Dipanshu Sahu,
whose case is identical to that of the present applicant has been
rejected by this Court in MCRC No. 4094 of 2025 vide order dated
27.05.2025. As such, the bail application of the present applicant
is liable to be rejected.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Perusal of the case diary goes to show that the case is related to
online cyber fraud and the accused in connivance with other co-
accused, opened bank accounts of people involved in online
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gaming and online fraud and received commission for opening the
said accounts and also did online verification of those opened
accounts and also did the work of removing frozen accounts.
Further, during the investigation, the fraud amount of
Rs.97,83,492/- has been found deposited in total 82 bank
accounts. At present the cases of cyber fraud are increasing
continuously. Therefore, considering the gravity and nature of the
crime, it does not seem to be a suitable case to grant bail to the
applicant/accused.
7. Accordingly, the bail application of applicant- Shekhar Chaturthi,
involved in Crime No. 08/2025, registered at Police Station Cyber
Police Station, Range Bilaspur, District – Bilaspur (C.G.) for the
offence punishable under Sections 61, 317(5), 318(4), 111(3)(4),
323 of the BNS, is rejected.
8. Needless to say that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance.
Sd/-
(Ramesh Sinha)
Chief Justice
Ravi Mandavi
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