2026:CGHC:9247 NAFR KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by KUNAL DEWANGAN MCRC No. 10323 of 2025 Rohit Shobhwani S/o Kishor Shobhwani Aged About 24 Years R/o Bajrang Ward Bhatapara, Police Station Bhatapara (City), District Balodabazar-Bhatapara (C.G.)

... Applicant(s)

versus State Of Chhattisgarh Through - Station House Officer, Police Of Police Station Bhatapara (City), District Balodabazar-Bhatapara (C.G.)

--- Non-applicant(s)

For Applicant(s) : Mr. Anil Kumar Gulati, Advocate.

For Non-applicant(s) : Ms. Anusha Naik, Deputy Govt. Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

23.02.2026

1. This is the First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.396/2025 registered at Police Station- Bhatapara City, District- Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 314, 317(2), 317(4), 61(2)(A), 112 of Bhartiya Nyay Sanhita and 66-C, 66-D of Information Tenchnology Act, 2000.

2. The prosecution case, in brief, is that an information was received from the Department of Home Ministry, Government of India, wherein it was informed that a sum of Rs. 1,55,600/- had been transferred, which was suspected to be the proceeds of cyber fraud. On the basis of the said information received from the Department of Home Ministry, the FIR was registered on 14.07.2025. Thereafter, the matter was investigated by the police and during the course of investigation it was found that the bank account had been opened and used for the commission of cyber fraud. Subsequently, the applicant along with other co-accused persons was arrested for the commission of the alleged offences.

3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case and has not acted in the manner alleged by the prosecution. It is further submitted that the applicant was acquainted with one Sonu Wadhwani, who in the month of October 2024 requested the applicant to open a bank account on the pretext that the said account was required for making payments to labourers. Believing the said representation, the applicant accompanied Sonu Wadhwani to the India Overseas Bank and opened the account, and thereafter the account details as well as the mobile number linked with the account were handed over to Sonu Wadhwani. It is submitted that the applicant received a sum of Rs. 1,000/- in lieu thereof and the said account was thereafter operated and controlled by Sonu Wadhwani, and therefore prima facie there is no involvement of the applicant in the commission of the alleged offences. It is further submitted that even if the entire prosecution case is taken at its face value, it would reveal that the applicant was cheated by Sonu Wadhwani, who in turn was cheated by Sanjay Tharani, and the said account was ultimately being operated by Sanjay Tharani. It is also submitted that the applicant is in judicial custody since 14.07.2025 and the trial is likely to take a considerable period of time for its conclusion therefore, he prays for grant of bail.

4. Learned State counsel opposes the bail application and submits that the applicant is involved in a serious offence relating to cyber fraud, wherein an amount of Rs. 1,55,600/- has been transferred through the bank account opened and operated in the name of the present applicant. It is submitted that during the course of investigation it has been found that the bank account of the applicant was used for the commission of cyber fraud and therefore the applicant cannot escape liability merely on the ground that the account was being operated by other co-accused persons. It is further submitted that the investigation has revealed the active involvement of the applicant in the commission of the alleged offences and considering the nature and gravity of the offence, t