Bail may be denied when the accused is identified as a beneficiary of proceeds of crime in a cyber fraud case, particularly when supported by a confession in a memorandum statement.

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. 34/2026 registered at Police Station – Ambikapur Dehat Ghandhinagar, District Sarguja (C.G.) for the offence punishable under Sections 317(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. As per the prosecution story, the applicant is a permanent resident of Ambikapur, District Surguja (C.G.), and is engaged in a lawful business as the proprietor of a Biryani Centre situated at Main Road, Ambikapur, within the jurisdiction of Police Station Gandhinagar. That one Abhishek Sinha, who also resides in the same area, was a regular customer at the applicant’s Biryani Centre and frequently visited the establishment in the ordinary course of business, thereby establishing a relationship of acquaintance and trust between them. In the month of December 2024, the said Abhishek Sinha represented to the applicant that his bank account had become non-operational due to KYC-related issues and technical problems, and that he was temporarily unable to receive funds in his own account. He further informed the applicant that his wife, who is employed in the IT sector, was to transfer certain amounts to him for repayment of market liabilities and personal dues.

3. Relying upon the said representations and considering him to be a known and regular customer, the applicant, without any knowledge of any alleged illegal activity, permitted the use of the QR code linked to his Bank of Baroda Account No. 80280100009995 installed at his Biryani Centre for the receipt of funds on two occasions. Pursuant thereto, a total amount of Rs. 2,06,786/- was credited into the said bank account of the applicant between 29.11.2024 and 04.12.2024. Upon receipt of the said amount, and strictly in accordance with the instructions of Abhishek Sinha, the applicant transferred the entire amount to certain shopkeeper/persons to whom Abhishek Sinha had stated he was liable to make payments towards outstanding dues, and the applicant did not retain any portion of the said amount for his personal benefit. Subsequently, the office of the Additional Superintendent of Police / Nodal Officer, Cyber Cell, District Surguja, by letter dated 17.01.2026, informed Police Station Gandhinagar that a communication along with a Standard Operating Procedure for legal action had been received from the office of the Inspector General of Police, SIB/CCTNS/Cyber Crime, Police Headquarters, Nava Raipur, regarding the identification of Layer-1 suspicious mobile numbers and bank accounts reflected in the Coordination Portal of the Indian Cyber Crime Coordination Centre (I4C). In the said portal, the aforesaid Bank of Baroda account of the applicant was reflected as suspicious in connection with an online complaint bearing acknowledgment number 22701250002438 lodged on the Cyber Police Portal from Jaipur City, Rajasthan. On the basis of the said cyber cell information and portal-generated data, FIR No. 34/2026 was registered at Police Station Gandhinagar under Sections 317(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 on 17.01.2026.

4. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that, there is no allegation in the case diary that the applicant contacted, induced, deceived or made any fraudul