The judgment highlights the court's discretion in granting bail in cases involving serious cybercrime and substantial financial loss, emphasizing the need for caution.

Order on Board

01.08.2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNS S ’) 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, Distt - Bilaspur (C.G.) for the offence punishable under Sections 61 (2), 317(5), 318(4), 323, 111(1)(4) of Bharatiya Nyaya Sanhita (for short ‘ BNS ’).

2. The prosecution story in brief, is that the Cyber Police Station, Bilaspur, on the instructions of the Police Headquarters to investigate mule accounts, obtained information through the Government of India's JMIS Portal regarding accounts in Utkarsh Small Finance Bank, Bilaspur. During the investigation, it was found that 21 bank accounts had multiple complaints registered on the portal regarding deposits, and transactions worth Rs.6,46,72,004/- were made between December 4, 2023, and May 13, 2025. The investigation alleges that the applicant/accused, in collusion with other co-accused, used these bank accounts to cheat people by operating online cricket betting, Ludo games, online job scams, and insurance scams. The investigation further reveals that the applicant/accused, Nisha Sahu, in her memorandum statement, admitted to opening bank accounts in her name at the behest of co-accused Santosh Yadav and Rajkumar Duseja for conducting cricket betting and online gaming, for which she received a commission of Rs.10,000/-. The applicant/accused is alleged to have entered into a criminal conspiracy with other co-accused to commit cyber fraud, resulting in a total loss of Rs.6,46,72,004, after completion of the investigation charge-sheet has been filed and the accused persons were arrested, hence, the bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the police arrested the applicant based on her memorandum statement, which reveals that she, under the influence of Santosh Sahu and Rajkumar Duseja, opened a bank account in her name for their use in cricket betting and online gaming betting. She handed over the bank account to them in exchange for a commission and money, specifically Rs.10,000/-. A copy of the FIR along with the applicant's memorandum statement is filed herewith as Annexure A-2. He also submits that the applicant is living with her young daughter, and her husband has abandoned her. As a result, she is struggling to make ends meet and is facing great difficulties in her life. If she is not granted bail. The applicant is in jail since 10.06.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the investigation revealed that the accused persons bank accounts showed unusual transactions, with multiple credits and debits, which shows that she was involved in organized cybercrime. The applicant/accused, in collusion with other co- accused, used bank accounts to cheat people by operating online cricket betting, Ludo games, online job scams, and insurance scams, the applicant is alleged to have entered into a criminal conspiracy with other co-accused to commit cyber fraud, resulting in a total loss of Rs.6,46,72,004/-, so far as other co-accused persons are concerned, the bail applications of six of the co- accused persons, namely, Sameer Kashyap, Goverdhan Lal Baghel, Karan Singh, Nageshwar Thakur, Rukmani Bansod and Vikas Kaiwart have already been rejected by this Court vide common order dated 25.07.2025 in MCRC Nos. 4369 of 2025, 5536 of 2025, 5473 of 2025, 5552 of 2025, 4894 of 2025 and 4619 of 2025. Accordingly, the pres