VSIANIBGHHAV

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Order on Board

1. The applicant has preferred this First Bail Application under Section483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 322/2025, registered at Police Station : Kondagaon, District - Kondagaon (C.G.) for the offence punishable under Sections 317(2),317(4), 317(5),318(4),111(2), 111(2)(b) & 3(5) of BNS and Section 66 D of the Information Technology Act 2005.

2. The prosecution story in brief is that an application dated 04.04.2025 was received from the Cyber Cell of the Office of the Superintendent of Police, Kondagaon, addressed to Sub-Inspector Gulab Tandan of Police Station Kondagaon, stating that a complaint had been lodged on the cyber portal against Lokeshwar Hirwani and Kamleshwar Nag, the account holders of Account No. 5660383552 of Central Bank of India. Upon reviewing the bank transactions, it was found that a huge amount of Rs. 72,09,424/- had been transacted during the period from 01.01.2024 to 08.03.2025. On the basis of the said information, Police Station Kondagaon registered FIR bearing Crime No. 322/2025 for the offences punishable under Sections 317(2), 317(5) and 3(5) of the BNS against Lokeshwar Hirwani and Kamleshwar Nag. During investigation, the police recorded the statements and memorandum of the said accused persons, wherein the present applicant was implicated as a co-accused. Thereafter, the police conducted further investigation and ultimately filed the challan/charge-sheet before the learned Court below for the offences punishable under Sections 317(2), 317(4), 317(5), 318(4), 111(2), 111(2)(b) and 3(5) of the BNS and Section 66-D of the Information Technology Act, 2000 against the present applicant along with other co-accused persons.

3. Learned counsel for the applicant submits that the present applicant is not involved in any alleged offence and has been falsely implicated. The applicant is an innocent person and has been roped into the alleged offence due to enmity. He has not committed any offence under Sections 317(2), 317(4), 317(5), 318(4), 111(2), 111(2)(b) and 3(5) of the BNS and Section 66-D of the Information Technology Act, 2000, and therefore the said provisions are not attracted in the present case. In fact, the FIR has been registered against Lokeshwar Hirwani and Kamleshwar Nag, who are the account holders and main accused in the case. The bank account through which the alleged transactions were made was not created by the present applicant and no material has been brought on record to establish any link between the applicant and the alleged transactions. The passbook, internet banking password and cheque book of the account are confidential and remain within the knowledge and control of the account holders themselves; therefore, the applicant cannot be held responsible for the transactions made through another person’s account. It is further submitted that the learned lower court has not properly appreciated these facts while rejecting the bail application. The applicant has no criminal antecedents and the entire prosecution case against him is false and concocted. No incriminating material such as passbook, ATM card or cheque book related to the said account has been seized from the possession of the applicant except his mobile phone, nor has any money been recovered from him. The name of the applicant does not find place in the FIR and he has been implicated solely on the basis of the memorandum statement of the co-accused without any direct evidence. The applicant is the sole bread earner of his family and his family is completely dependent upon him for their livelihood. He is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready and willing