2025:CGHC:47795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6376 of 2025 Avinash Nishad S/o Chhedilal Nishad, Aged About 23 Years (Age Of Applicant Is Not Mentioned In Order Sheet) R/o Puran Dal Mill Gali, Ramsagar Para, Police Station - Azad Chowk, District Raipur (C.G.)

--- Applicant versus State Of Chhattisgarh Through Station House Officer Police Station -

Tikrapara, District - Raipur (C.G.)

--- Non-Applicant MCRC No. 6895 of 2025 Jitendra Bagh S/o Rasiko Bagh Aged About 31 Years R/o House No. 10, Digitally Block- 34, BSUP Colony, Telibandha, Tehsil and District- Raipur, signed by PREETI PREETI KUMARI KUMARI Date: Chhattisgarh

2025.09.18

18:53:56 +0530 ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station-

Tikrapara, District- Raipur, Chhattisgarh.

--- Non-Applicant MCRC No. 6576 of 2025 Vikas Madhwani S/o Kevalram Madhwani Aged About 42 Years At - Near Mela Kirana Stores, Shivanand Nagar, P/S- Khamtarai, Raipur, C.G.

--- Applicant Versus State of Chhattisgarh Through P S Tikrapara (Wrongly Mentioned In A/1), Raipur, C.G.

--- Non-Applicant For Applicant (in MCRC : Mr. C.R. Sahu, Advocate.

No.6376/2025)

For Applicant (in MCRC : Mr. Vinay Nagdev, Advocate (through No.6576/2025)

video-conferencing)

For Applicant (in MCRC : Mr. Siddharth Shukla, Advocate.

No.6895/2025)

For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

17.09.2025

1. Since the above-mentioned three bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order.

2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 229/2025 registered at Police Station- Tikrapara, District- Raipur, Chhattisgarh, for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 6376/2025 and 6576/2025) and offence punishable under Section 111 and 317(2)(4)(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 6895/2025).

3. In MCRC No. 6376/2025 - According to the prosecution, a bank account (Account No. 309023925119) at Ratnakar Bank Limited, Raipur Branch (IFSC: RATN0000389), was found to be in the name of the applicant, with Mobile No. 9244770329 registered to it. A total sum of Rs.4,48,51,386 was deposited in this account.

On 10/02/2024, a bank transaction of Rs.5,780/- (Acknowledgment No. 23102240015743) was carried out in the name of Ayasha and two others, which led to a cyber fraud complaint being filed. It was further revealed that a total of 45 mutual accounts were found associated with the same IFSC code, indicating suspicious activity. Based on this information, the police conducted an investigation, following which the applicant was arrested.

4. In MCRC No. 6576/2025 - According to the prosecution, the applicant was arrested on 27.03.2025 on the allegation that a bank account in the applicant’s name was under the control of the prime accused and was misused. A memorandum statement of the applicant was recorded, which reveals that the account was opened by the applicant at the inducement of the prime accused and was later handed over to him, with all transactions being conducted by the prime accused. Notably, apart from this memorandum, there is no material on record linking the applicant to the alleged offence. Furthermore, no seizure was made pursuant to the memorandum. In light of Section 23(2) of the BSA, the memorandum is inadmissible in evidence, and the applicant remains in custody solely on the basis of an unsubstantiated theory put forth by the police, unsupported by cogent or reliable evidence.

5. In MCRC No. 6895/2025 - As per the prosecution, the applicant opened Account No. 309023478204 with Ratnakar Bank Limited (RBL) in his own name and provided Mobile No. 8269892430 for receiving OTPs and messages. I