Order on Board

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. 92/2025 registered at Police Station – Khamhardih, District - Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bhartiya Nyay Sanhita for short BNS, 2023.

2. Case of the prosecution, in brief, is that on 20.04.25, an FIR was lodged by the Complainant Viral Patel in the Khamardih P.S. Raipur, that during the time period of 10.03.25 to 06.04.25, the Operators of the ASK INVESTMENT MANAGERS LIMITED Company namely Priya Sharma & Bharat Shah by deceiving the complainant had made him 72 119 deposited a sum of Rs.40,00,000/- in the different Firm A/c operated by the company & thus, had cheated him. On the basis of said FIR No. 0092, the Khamardih P.S. started the investigation. On 08.04.25, a sum of Rs. 20,00,000/- vide R.T.G.S. was transferred from the complainant's Bank A/c to the another Accused Chinmay Rout's Bandhan to Bank Account No. 20100044073384 whose IFSC Code was BDBL0002211 & registered Mobile No. was 8222928217. On enquiring about the said Bank A/c, the Bank A/c was found to be registered in the name of M/S ROUT ENTERPRISES whose operator was Accused Chinmay Rout. On the ground of no reasonable explanation been given by the accused Chinmay in regard to the said amount of Rs.20 Lakhs been deposited to his A/c from the complainant's Bank A/c, the police on 21.11.25 had arrested the accused Chinmay Rout. Thereafter, on checking another fraudulent transaction, a sum of Rs.7,00,000/- was found to be transferred UNIQUE ENTERPRISES vide its Bank A/c No.610000000050520 whose IFSC Code was SRCB0000483 & the registered Mobile No. was 9594428853. The accused/applicant Vipul Patne was the operator of the said Bank A/c. On the ground of suspicion & failure of accused to give proper explanation about the said transaction of Rs. 7 lakhs, the Khamardih Police on 15.12.25 had arrested the accused/applicant Vipul Patne for the offence of cheating u/s 318(4) & 3(5) of BNS. As per the prosecution story, the accused in his Memorandum statement had disclosed to the police that in the lieu of Rs.40,000/-, he had sold his Bank A/c to the another Accused namely Ujjawal Jaiswal. On the basis of said memorandum statement of Accused/applicant Vipul Patne, the police on 21.12.25 had arrested the accused Ujjwal Jaiswal. After the completion of the investigation, the police had presented the Charge Sheet and aforesaid offences have been registered against the applicant.

3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in crime in question and there is no previous criminal antecedent against the present applicant. He further submits that there is no direct/indirect transaction were available on record. Further charge-sheet has already been filed in the present case, the applicant is in jail since 15.12.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail.

4. On the other hand, learned State counsel opposes the bail application and submits that there is no criminal antecedent registered against the present applicant, and the charge-sheet has been filed in this case. He would submit that in compliance of the Court’s order dated 27/02/2026, the concerned Investigating Officer has filed his personal affidavit.

5. I have heard learned counsel for the parties and perused the case diary.

6. In compliance of the Court’s order dated 27/02/2026, the Investigating Officer has filed his personal affidavit which reads as under:-

“ xxx xxx xxx

4.That, during the course of investigation, it was found that, on 10.03.2025 Rs. 25000/- and Rs. 2350/- and on 11.03.2025 Rs. 75000/- and on 12.03.2025 Rs. 100000/- and on 13.03.2025 Rs. 500000/- and Rs.