The use of a personal bank account as a 'mule account' to facilitate the transfer of funds obtained through cyber fraud constitutes a serious offense and sufficient ground to deny regular bail.

Order on Board

1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.358/2025 registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 371(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. The prosecution's case, in brief, is that it is case related to mule account; According to the original records, the applicant holds a bank account (No. 60474618157) in the Bank of Maharashtra, Baikunthpur branch. Upon obtaining and examining the transaction details of the said account, it was found that money was received from different states. As per the original records, the accused Md. Siddique is alleged to have provided his bank account to an offender/group for the purpose of earning illegal money through online fraud activities. The accused has not disputed that the bank account (No. 60474618157) belongs to him. As per the complaint acknowledgment number 31901240002626, an amount of ₹9,000 was credited to his account on 05.01.2024 in connection with cyber fraud. Accordingly, it is stated that the accused available for knowingly made his bank account committing serious online fraud crimes. The crime has been carried out through cyber means in an organized manner, and its impact is widespread. The Police of police station Baikunthpur, District Koriya has registered the case for an offence punishable under Section 111 , 317 (2), 317 (4), 317 (5) of B.N.S. against the applicant.

3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is no direct evidence on record to show that the applicant himself committed any act of online cheating or cyber fraud. He further submits that he has no direct role in the alleged fraudulent transactions, no amount was transferred by him, no recovery has been made from him, and no evidence links him directly to the fraud. He also submits that the charge-sheet has been submitted in this case and he is in jail since 25.11.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail.

4. On the other hand, learned State counsel opposes the bail application and submits that applicant has no criminal antecedent.

5. In compliance of the Courts’ order dated 25.03.2026, the Investigating Officer, Police Station – Baikunthpur, District – Korea (C.G.), has filed his additional affidavit disclosing the evidence collected against the applicant during the course of investigation. The relevant portion of the affidavit reads as under:-

“5. That, on 23.10.2025, in the letter dated 24.06.2025, sent by the office of the Cyber Cell, Superintendent of Police, District Korea, it was found that, in the original bank accounts used in cyber fraud, 10 bank accounts holders obtained and observed the transaction details of the said bank accounts from UCO Bank, Indian Overseas Bank, Central Bank of India, Bank of Maharashtra, Branch at Baikunthpur and found that, the amount of cyber fraud from different States was deposited in the aforesaid bank accounts knowing that, the property was obtained by dishonesty and some fraudulent means, habitually acquiring such property and having reason to believe that, in disposing of it, such property was habitually acquired and was engaged in concealing or disposing of the property, which indica