In organized cyber fraud cases, the magnitude of the fraud, the use of mule accounts for siphoning funds, and the number of complaints outweigh the plea for parity with co-accused, justifying the rejection of bail.

Order on Board

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. 28/2025 registered at Police Station– Bhoramdev, District- Kabirdham, (C.G.), for the offence punishable under Sections 317(4), 318(2), 62(2) and 111(3) of the Bhartiya Nyaya Sanhita, 2023 .

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. The case of the prosecution, in brief, is that upon perusal of the records of a mule bank account bearing No. 98705500082 of ICICI Bank, it was found that the account holder, namely M/s Bhoramdeo Krishi Kendra, Village Chikhli, Post Rajnandgaon, had received amounts related to cyber fraud during the years 2023 and 2024, whereupon investigation was carried out, and the account holder disclosed that co-accused Satyanarayan Dubey had instructed him to provide bank account details and other documents for the said transactions, and the commission amount of Rs. 40,000/- received from such transactions was equally distributed between the account holder Namdev Sahu and Satyanarayan Dubey, and further, upon receipt of a large amount, they blocked the account and changed the registered mobile number, and during the course of investigation, the present applicant was also implicated and subsequently arrested in connection with the said crime. Hence, this bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that even if the entire prosecution story is taken at its face value, no offence is made out against the applicant. It is also submitted that the allegations made by the prosecution are baseless and without any cogent evidence, particularly the allegation regarding fake signatures. He also submits that co-accused, namely, Devendra Sahu has already been granted bail by this Hon’ble Court in MCRC No. 7946/2025 vide order dated 04.12.2025. it is submitted that an earlier case bearing Crime No. 303/2013, Criminal Case No. 69/2014, the applicant has already been acquitted vide judgment dated 24.02.2018. It is further submitted that the applicant has neither committed any fraud nor has he habitually dealt with any property knowing it to be stolen, rather he was lured into transferring the money on false assurances. It is also submitted that the charge-sheet has been submitted before the competent Court and the present applicant is in jail since 07.06.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

4. On the other hand, learned State Counsel opposes the bail application and submits that the present applicant is actively involved in a serious case of cyber fraud and has been rightly implicated during the course of investigation. It is further submitted that in compliance of the order passed by this Hon’ble Court, the Investigating OfÏcer has filed his personal afÏdavit disclosing the material collected against the applicant, wherein it is specifically stated that upon scrutiny of mule account bearing No. 98705500082 of ICICI Bank, it was revealed that the said account, belonging to M/s Bhoramdeo Krishi Kendra, was used for routing cyber fraud amounts during the years 2023 and 2024, and as per the statement of the account holder, the present applicant Namdev Sahu, along with co-accused Satyanarayan Dubey, had facilitated the use of the said account by providing bank d