2026:CGHC:2586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9613 of 2025 Ravi Kumar Tilwani S/o Lt. Lellaram Tilwani Aged About 49 Years R/o Ward No.69, Sai Mandir Mahadevghat, Raipur, P.S. Dd Nagar, District- Raipur,(C.G.) ... Applicant VSIANIBGHHAV DsVSD21+ i 08 IA i a g 0 N g 2: t In 51 i e B 6 G t 3 e 3 : a . Hd 0 H 0: l 4 A 1 by 8. Vy 16 versus State Of Chhattisgarh Through- Ps. Rajim, District- Gariyaband C.G.

... Respondent For Applicant : Mr. Akash Mishra, Advocate.

For Non-applicant/State :

Mr. Vinod Kumar Tekam, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

15.01.2026

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.145/2025 registered at Police Station – Rajim District -

Gariyaband (C.G.), for the offences punishable under Sections

317(2), 317(4), 318(4), 61(2)(a), 3(5) of the BNS.

2. According to the prosecution, the concerned police station received information from the Cyber Crime Reporting Portal regarding the opening and use of mule bank accounts. Pursuant to the said information, an offence was registered under Sections 317(2), 317(4), 318(4), 61(2)(a) and 3(5) of the Bharatiya Nyaya Sanhita, bearing Crime No. 145/25. During the course of investigation, the applicant was arrested on 18.05.2025 on the allegation that he had persuaded the prime accused to open bank accounts in their own names for illegal purposes. Thereafter, the memorandum statement of the applicant was recorded. However, a perusal of the charge-sheet reveals that the applicant has been implicated solely on the basis of his memorandum, and there is no other material on record to connect him with the alleged offence. Further, no recovery or seizure has been effected pursuant to the said memorandum; therefore, in view of Section 23(2) of the Bharatiya Sakshya Adhiniyam, the memorandum itself is inadmissible in evidence. It is submitted that the applicant has been kept in custody merely on the basis of a theory drawn by the police, which is not supported by any cogent or reliable evidence.

3. Learned counsel for the applicant submits that the applicant is wholly innocent and has been falsely implicated in the present case. It is respectfully submitted on behalf of the applicant that he has not committed any offence as alleged and has been falsely implicated in the present case on the basis of a false, baseless and fabricated prosecution story. The applicant was arrested on 18.05.2025 by Police Station Rajim, District Gariyaband (C.G.) for the alleged offences under Sections 317(2), 317(4), 318(4), 61(2)(a) and 3(5) of the BNS, and since then he has been in judicial custody despite his innocence. A perusal of the charge-sheet clearly reveals that the applicant has been implicated solely on the basis of his memorandum, and no recovery or seizure has been effected pursuant thereto; hence, in view of Section 23(2) of the Bharatiya Sakshya Adhiniyam, the said memorandum is inadmissible in evidence. Moreover, the essential ingredient of mens rea is completely absent from the entire material on record, not only against the applicant but also against the other accused persons. The investigation is already complete, the charge-sheet has been filed, and the trial has commenced, which clearly shows that no custodial interrogation of the applicant is required and no useful purpose would be served by keeping him incarcerated. Furthermore, the applicant is the sole bread earner of his family, and his continued detention is causing grave hardship to his dependents. In these circumstances, it is prayed that the applicant may kindly be enlarged on bail, subject to such terms and conditions as this Hon’ble Court may deem fit and proper.

4. Learned State Counsel strongly opposes the bail application and submits that the charge-sheet has already been filed and, in compliance with the ord