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2025 Supreme(Online)(Chh) 9408

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Rajkumar Khandekar – Appellant
Versus
State of Chhattisgarh – Respondent
MCRC No. 5875 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Pravin Kumar Tulsyan
For the Respondents: Mr. Bharat Gublani

The court emphasized the gravity of cyber fraud, impacting the economy and banking system, which justified the denial of bail.

Headnote:This bail application was filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS). The prosecution alleges the applicant was involved in receiving money through cyber fraud. The court found the allegations serious due to escalating cyber crimes. The bail application was rejected as the applicant is significantly implicated in the offenses. The court stated: 'this Court does not find a fit case to released the applicant.'

Table of Content
1. bail application details and prosecution's case. (Para 2)
2. defense counsel's arguments and objections to the bail. (Para 3 , 4)
3. court's analysis of the case and factors for bail denial. (Para 5 , 6)
4. court's ruling on the bail application. (Para 7)
5. further instructions to the trial court. (Para 8 , 9)

Order on Board

28.07.2025

1.

This is the First bail application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 45/2025 registered at Police Station- Bhatgaon, District- Sarangarh- Bilaigarh (C.G.), for the offence punishable under Sections

111, 317(2), 317 (4), 317(5) read with Section 3 (5) of BNS, 2023.

2.

The prosecution's case, in brief, is that the Ministry of Home Affairs portal revealed that an amount of ₹2,09,000/- was credited into the applicant's bank account, allegedly obtained through cyber fraud and subsequently the applicant has been arrested for the commission of alleged offences.

3.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that in the month of June, 2023, the applicant opened the bank account and in the said account, one of co-accused namely Roshan Sahu asked the applicant that to provide his account number as some money has to be paid to him as he is not having any account, so the applicant provided his account details and the amount which was received by the applicant paid to Roshan and in lieu of that the applicant received commission, so even if the entire prosecution case is accepted as it is, there is no role attributed by the applicant for the commission of alleged offence and the applicant has been roped for the commission of alleged offence. The applicant is in jail since 24-03-2025 and the conclusion of the trial is likely to take some time, therefore, he prays for grant of bail to the applicant.

4.

On the other hand, the learned State counsel opposes the prayer for grant of bail and submits that the present applicant including other co- accused persons were engaged in illegal money transaction through cyber fraud. He further submits that in this case the bail applications of the co-accused persons namely Dilesh Sahu & Sanjeet Soni have been rejected by this Court vide orders dated 11.07.2025 & 24.07.2025 passed in MCRC No. 4126/2025 & MCRC No. 5789/2025. Accordingly, the present applicant is not entitled for grant of bail.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the bail application of the co-accused persons namely Dilesh Sahu & Sanjeet Soni have been rejected by this Court vide orders dated 11.07.2025 & 24.07.2025 passed in MCRC No. 4126/2025 & MCRC No. 5789/2025, further considering the fact that the present applicant including other co-accused persons were engaged in illegal money transaction through cyber fraud and such incidents are increasing rapidly, severely impacting not only the economy but also the banking system, hence, this Court does not find a fit case to released the applicant.

7.

Accordingly, the First bail application of Applicant- Rajkumar Khandekar involved in Crime No. 45/2025 registered at Police Station- Bhatgaon, District- Sarangarh- Bilaigarh (C.G.), for the offence punishable under Sections 111 , 317(2), 317 (4), 317(5) read with Section 3 (5) of BNS, 2023, is hereby 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 forthwith.

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