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2026:CGHC:21220

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 3298 of 2026

Akash Kumar Barnwal S/o Shri Om Prakash Barnwal, Aged About 24 Years

R/o Teacher Colony, Ward No. 12, Salempur, Distt. Deoria (U.P.)

... Applicant

versus

State of Chhattisgarh Through Azad Chowk Range Cyber Police Station Raipur

Distt. Raipur (C.G.) (Correct Mentioned As Per Order Sheet)

... Non-applicant

For Applicant : Mr. Pragalbha Sharma, Advocate

For Non-Applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Digitally

signed by

ABHISHEK Order on Board

ABHISHEK SHRIVAS

SHRIVAS Date:

2026.05.07

15:41:54 06.05.2026

+0530

1. This is the first bail application filed under Section 483 of the Bhartiya

Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant

who has been arrested in connection with Crime No. 268/2025 registered

at Police Station Azad Chowk/Cyber Range, District – Raipur (C.G.), for

the offence punishable under Sections 318(4) of the Bhartiya Nyaya

Sanhita, 2023.

2. As per the case of the prosecution, on 08.09.2025, an unauthorized and

fraudulent transfer of Rs. 58,05,000/- was made from the current account

maintained with Federal Bank belonging to the complainant, Nitin

Agarwal, owner of Crown Villa and Developers Pvt. Ltd., without his

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knowledge or consent. During the course of investigation conducted by

the Range Cyber Police Station, Raipur, it was revealed that a

substantial portion of the diverted amount, namely Rs. 18,05,000/-, had

been credited directly into Utkarsh Small Finance Bank Account No.

1501020000000754, which is registered in the name of the present

applicant, Akash Kumar Baranwal. Consequently, the applicant was

arrested on 22.01.2026 and has been charged under Section 318(4) of

the Bharatiya Nyaya Sanhita (BNS) for dishonestly inducing delivery of

property by deception.

3. Learned counsel for the applicant would submit that the applicant has

been falsely implicated in this case. He submits the applicant has no role

to play in the commission of the alleged offence. The memorandum

statement of the applicant was recorded while he was in police custody,

which is hit by Section 23 of the Bharatiya Sakshya Adhiniyam (BSA).

The alleged recovery of the bank account details is a matter of public

record and digital trail, which by itself does not establish any guilty mind

or active participation in the alleged conspiracy. He also submits that as

per the memorandum, the applicant has only admitted to the existence of

the bank account. There is no evidence to suggest that the applicant

himself executed any phishing or hacking of the complainant’s account.

The possibility of the applicant’s credentials being misused by the co-

accused cannot be ruled out. He further submits that the mere credit of

an amount into a bank account does not satisfy the ingredients of Section

318(4) of the BNS unless dishonest inducement by the applicant is

specifically proved. The prosecution has failed to establish any direct link

between the applicant and the complainant. The mobile phone seized

from the applicant is already in the possession of the Cyber Cell for

forensic analysis. Since the physical device is secured, the applicant’s

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release will not hinder the technical investigation. He also submits that

the main conspirators who allegedly executed the digital transfer remain

at large or are still under investigation. The applicant, being a young

individual with no prior criminal antecedents, ought not to be subjected to

prolonged pre-trial detention for a role that appears, at best, peripheral.

The police have already filed Charge Sheet No. 45/2026 before the Court

of JMFC, Raipur. Since the evidence is primarily documentary in nature,

including bank statements and KYC documents, and is already in the

custody of the Court, there is no likelihood of the applicant tampering with

the evidence. He submits that the present applicant has no criminal

antecedents and he is in jail since 22.01.2026, conclusion of the tria