Facilitating the creation and supply of 'mule' bank accounts for an organized cyber fraud syndicate constitutes active participation in the crime, justifying the rejection of bail regardless of the lack of prior criminal history.

Order on Board

1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.283/2025, registered at Police Station – Azad Chowk, Raipur, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 2023 .

2 Case of the prosecution, in brief, is that the Government of India, Ministry of Home Affairs has established the National Cyber Crime Reporting Portal for reporting cyber frauds committed across the country. During scrutiny of the information received through the said portal, it came to the notice of the Cyber Range, Raipur that 17 bank accounts opened in the South Indian Bank, Ramsagarpara Branch, Raipur were allegedly being used for receiving the proceeds of cyber fraud. On the basis of the information received from the Police Headquarters, Raipur, Crime No.283/2025 was registered against the account holders for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, and investigation was commenced. During the course of investigation, it was found that an amount of ₹2,11,10,263/- obtained through cyber fraud had been credited into the bank account of co-accused Santosh Kumar bearing Account No.0433053000007320 maintained with South Indian Bank. It is further alleged that during investigation, the involvement of the present applicant surfaced on the basis of the memorandum statement of co-accused Daitari Deep, wherein it was disclosed that the present applicant had induced him to open a bank account in South Indian Bank on the assurance of payment of ₹1,500/- and thereafter got the said account opened and supplied the same for illegal use. It is further alleged that the present applicant also induced several other persons to provide their Aadhaar Cards and PAN Cards for opening bank accounts and acted as an intermediary in supplying such mule accounts to the members of the organized cyber fraud syndicate for monetary consideration. After completion of investigation, supplementary charge-sheet has been filed before the competent Court.

3 Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the instant case. He submits that there is no material available on record to establish the direct involvement of the applicant in the commission of the alleged cyber fraud. It is further submitted that mere linkage of a bank account or financial transaction is not sufÏcient to constitute the ingredients of the offences alleged against the applicant. Learned counsel submits that the prosecution has not collected any evidence to demonstrate that the applicant had communicated with any victim, induced any person to part with money, operated any fraudulent platform or personally received the cheated amount. It is further submitted that all the relevant bank records, electronic data and documentary evidence are already in possession of the investigating agency and no further custodial interrogation of the applicant is required. Learned counsel further submits that there is no legal material available on record to constitute the offences alleged against the applicant and he has been implicated merely on the basis of the memorandum statements of the co-accused. He further submits that the applicant is in judicial custody since 21.12.2025, the charge-sheet has already been filed and the conclusion of the trial is likely to take considerable time. It is also submitted that the applicant has no previous criminal antecedent and similarly situated co-accused persons have already been enlarged on bail by this Court in M.Cr.C. Nos.613/2026, 1086/2026 and 1275/2026. Therefore, on the ground of parity, prolonged incarceration and filing of the charge-sheet, it is prayed that the applicant be enlarged on regular bail.

4 On the other hand, learned State Co