Bail may be rejected in cases of organized cyber fraud involving mule accounts and larger conspiracies, especially when prima facie evidence suggests a pivotal role in facilitating the crime and there is a risk of hampering the ongoing investigation.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 71/2025, registered at Police Station Patthalgaon, District Jashpur (CG) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. The prosecution story in brief, is that on the basis of information received through the Samnvay Portal operated by the Ministry of Home Affairs, Government of India, it was revealed that an amount of approximately Rs.3,00,000/- obtained through cyber fraud from multiple victims across different regions was deposited in a mule bank account bearing No. 10170772636 at IDFC Bank, Pathalgaon. It is alleged that the said account was used to receive proceeds of online fraud and to derive unlawful gain, leading to the registration of Crime No. 71/2025 under Sections 317(2), 317(4), 318(4), 61(2)(A), and 3(5) of the Bharatiya Nyaya Sanhita. During investigation, the account holder, Yashoda Kuren, disclosed that the accused Firoz Khan had taken her bank account details and mobile SIM by falsely representing himself as a Human Rights Commission worker and journalist, purportedly for transaction purposes. Upon custodial interrogation, the accused Firoz Khan further revealed that he, along with co-accused Gaus Khan and others, had committed the offence. The case diary indicates that the accused persons, in furtherance of their common intention, committed cyber fraud by cheating multiple victims and collecting a total amount of Rs.3,00,000/- through online means. Considering the serious nature of the offences, which are punishable with severe sentences including life imprisonment, and the fact that the charge sheet has been filed while other co-accused persons are still absconding, the allegations reflect involvement in an organized cyber fraud operation. Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the prosecution witnesses, namely, Smt. Yashoda Kurre and Manmohan Lahare have been examined before the trial Court, however, they have not supported the case of the prosecution, which clearly weakens the prosecution story. He also submits that the applicant has not obtained even a single penny from the aforesaid account holders and has been falsely implicated in the present case. It is further submitted that the father of the applicant is suffering from paralysis and is undergoing treatment, and there is no one available to take care of him. The applicant is in judicial custody since 22.09.2025 and the trial is likely to take some time, therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that in compliance of the Court’s order dated 18.03.2026, the Investigation OfÏcer, District – Jashpur has filed his afÏdavit disclosing the evidence collected during the course of investigation, stating that upon receipt of information from the National Cyber Crime Reporting Portal regarding online financial fraud, it has been duly verified that the bank account bearing No. 10170772636 of IDFC Bank, Branch Pathalgaon, which was provided and facilitated by the present appli