The court denied bail due to serious involvement of applicants in cybercrime as evidence indicated their account use for laundering funds from fraud.

Order on Board

16/07/2025

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. 45/2025 registered at Police Station City Kotwali, Raipur, Dist. Raipur (C.G.) for the offence punishable under Sections 317 (2), 317(4) and 317(5) and 111 of Bharatiya Nyaya Sanhita (for short ‘ BNS ’).

2. Case of the prosecution, in brief, is that the Kotwali Raipur police station registered a First Information Report (FIR) No. 45/25 under Sections 317 (2), 317(4), 317(5), and 111 of the Bharatiya Nyaya Sanhita ( BNS ) on the basis of a letter from the Superintendent of Police, Cyber Police Station, Raipur, dated 22.03.2025. The FIR was lodged pursuant to instructions from the Additional Director General of Police (Technology Services), Police Headquarters, Raipur, regarding statutory action against mule account holders. The investigation revealed that 41 bank accounts in Kotak Mahindra Bank, Raipur, with IFSC codes kkbk0006407, kkbk0006402, and kkbk0006408, were used to deposit Rs.18,96,851 obtained through cyber fraud. The account holders/promoters used these accounts to utilize the funds obtained through cyber fraud. It was found that the accounts were used to deposit the fraudulently earned amount between 01.01.2024, and 11.01.2025. The investigation revealed that the account holders/promoters knowingly used these accounts to launder money obtained through cyber fraud. The Cyber Range, Raipur, registered a case (Crime No. 45/2025) under Sections 317 (2), 317(4), 317(5), and 111 of the BNS . After investigation, a charge sheet was filed. During the investigation, the accused, Ayush Jethani and Neelam Jethani, were arrested on 26.03.2025, and were produced before the court and sent to judicial custody. Hence, the bail application.

3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the applicants were noticed by the Cyber Range Raipur on March 26, 2025, regarding their bank accounts and mobile numbers used in Kotak Mahindra Bank. They appeared before the authorities and participated in the investigation. Notices under Section 94 BNSS were served, and their memorandum statements were recorded. The applicants stated they were unaware of the deposits of Rs.8,60,272 and Rs.7,30,446 in their accounts (nos. 4949984490 and 5049034696). One applicant claimed to be a graduate, running a shop, and earning Rs.5-10 lakhs per year. He alleged that he opened the account in January 2024 and later joined a business opportunity through Instagram, following directions from a business influencer, which led to the transactions in question. He denied committing any crime. Furthermore, applicant No. 2, a 26-year-old unmarried woman and teacher at KPS School Raipur, claimed to have opened a Kotak Mahindra Bank account (no. 5049034696) on January 20, 2024, to earn extra income through online digital marketing. She received a message from someone named Deepak Kumar about a job opportunity in afÏliate marketing, which offered a 5% commission. She joined, believing it was a legitimate way to earn extra income. Despite having no motive to commit a crime, she was arrested on March 26, 2025, for allegedly providing a mule account for concealing and disposing of stolen property, and was sent to jail custody. He also submits that the applicants ware young entrepreneur and teacher, they have no motive of committing any crimes, however, one co-accused, namely, Mayank Dhi