Chattisgarh High Court
Bhumika Nayak vs State Of Chhattisgarh on 11 March, 2026
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2026:CGHC:11746
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 10404 of 2025
Bhumika Nayak D/o Abhiram Nayak Aged About 24 Years Address - 27, Fci
Road Dal Dal Sivali Mowa Saddu Raipur (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Police Station Civil Line, District - Raipur
(C.G.)
... Non-applicant
For Applicant : Mr. Shivam Mishra, Advocates.
For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate.
RAJSHEKHAR
SONI
Digitally signed
by Hon'ble Shri Ramesh Sinha, Chief Justice
RAJSHEKHAR
SONI
Order On Board
11.03.2026
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. 129/2025, registered at Police Station - Civil Line, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS.
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2. Case of the prosecution, in brief, is that the applicants/accused persons, along with other co-accused individuals, were actively involved in an organised network engaged in cyber-fraud activities. The case diaries and charge-sheets reflect that numerous mule bank accounts were opened or facilitated by the accused in different banks, multiple accounts linked with fraudulent transactions amounting to Rs.64,10,855/-. These accounts were allegedly used to receive, transfer, circulate, and conceal funds obtained through cyber cheating. The prosecution asserts that the accused participated in a structured criminal syndicate engaged in cyber fraud and willingly assisted in the movement of stolen money, the material on record indicates prima facie involvement of the accused with co-accused persons in a coordinated fraud operation, which led to the registration of alleged offence against the applicants. Hence, this application.
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 the charge-sheet has been submitted in this case. It is further submitted that no incriminating material or proceeds of crime have been recovered from the applicant. The entire case is based on statements and assumptions without any direct material evidence against the applicant. It is further submitted that one of the co-accused in this case, Ishika Singh and Sanjay Makhija, have been granted bail by the Hon'ble Supreme Court in Criminal Appeal No.4494/2025, SLP (Crl) No. 13678/2025 and in Criminal Appeal No. 4495/2025, SLP (Crl) No. 14519/2025 vide orders dated 13.10.2025 and 13.10.2025. The applicant is in jail since 23.03.2025, and the 3 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 from the perusal of the case-diary it transpires that the material collected during investigation clearly reveals a deep- rooted, structured and profit-oriented criminal conspiracy in which the present applicant has played an indispensable and conscious role in facilitating the commission of large-scale cyber frauds affecting numerous innocent citizens across the country. It is also submitted that the bail application of the co-accused persons Jai Baghel, Sheikh Shoheb and Jujesh Sona have already been rejected by this Court vide order dated 28.02.2026 passed in MCRC Nos. 797/2026, 966/2026 and 901/2026, and bail applications of the co-accused persons namely Rajesh Mandhani, Smt. Jyoti Mishra, Shivkumar Nirmalkar, Sahil Jethwani and Anju Kumari have already been rejected by this Court viders dated 31.10.2025, 25.06.2025, 25.06.2025 and 08.07.2025 passed in MCRC Nos. 8661/2025, 8633/2025, 4856/2025, 4906/2025 and 5248/2025.
5. I have heard learned counsel for the parties and perused the material available on record.
6. In compliance of the Court's order dated 22.01.2026, the Investigating Officer of the case, Police Station - Range Cyber, Raipur, District - Raipur (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under:
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"1. That, I am posted as the Investigating Officer of the subject crime number, Police Station Range Cyber, Raipur, District Raipur (C.G.) and duly authorized to swear this affidavit on behalf of the Non Applicant/State in compliance of the Hon'ble Court's order dated 22.01.2026 and as such fully conversant with the facts of the case.
2. That, the subject case came up for hearing before the Hon'ble Court on 22.01.2026 and after hearing of this matter, the Hon'ble Court has been pleased to direct the concerned Investigating Officer to file his personal affidavit disclosing the evidence collected during the course of investigation against the applicant. Therefore, in compliance whereof, the instant affidavit is being filed before this Hon'ble Court for its kind perusal and consideration.
3. That, in compliance of the Hon'ble Court's order, it is most humbly and respectfully submitted that, the Government of India, Ministry of Home Affairs, has created a Cyber Crime Reporting Portal to prevent cyber crime in India in which, the victims of cyber crime report online by giving details of the cyber fraud committed with them and by filling the information of mobile numbers and bank accounts used in cyber fraud.
4. That, the Ministry of Home Affairs, Government of India has established a Cyber Crime Reporting Portal to prevent cyber crime in India. Victims of cyber crime can report online by detailing their cyber fraud, including the mobile number and bank account used in the fraud. These are the bank accounts used by cyber crime offenders to launder fraud proceeds.
5. That, as per the instruction received from the higher authorities, the information related to the such mobile SIM numbers which have been used for obtaining illegal money through cyber fraud, was collected from the Coordination Portal of Indian Cyber Crime Coordination Centre operated by the Ministry of Home Affairs, Government of India, which is a comprehensive guide for sharing information of cyber crime for investigation purpose to the Police.
6. That, on the basis of the information received from the Cyber Crime Reporting Portal Coordination, there are 128 bank accounts of Bank of Maharashtra, Branch at Raipur have been opened, which were being used for receiving the 5 money of cyber fraud, therefore, the details of the aforesaid bank accounts have been sent to the Police Station Civil Lines, Raipur for further necessary action and accordingly, the FIR under Crime No. 129/2025 has been registered against the aforesaid bank account holders for the offence punishable under aforesaid Sections of the BNS, 2023 and the same was forwarded to the Police Station Range Cyber, Raipur for further necessary investigation in the matter. Thereafter, the details of aforesaid bank account holders, their linked registered mobile numbers, KYC and other relevant information have been obtained from the concerned Bank and the matter was taken into investigation.
7. That, during the course of investigation, it was found that, the arrested present accused applicant mule bank account holder Bhumika Nayak, Resident of Near FCI, Daldal, Sivani Road, Mova, Saddu, Raipur, having Bank of Maharashtra, Raipur Branch vide Bank Account Number 60480411947 wherein, the mobile number 9981381932 registered and linked wherein, within a short span of time, a financial transactions of Rs. 60,83,352/-has been found to be transacted illegally through cyber fraud since its opening date on 16.02.2024.
8. That, the complainant Suhail and Others have registered online reports regarding the online cyber fraud of Rs. 5,00/- and the account has been found to be used to receive the money from online cyber fraud vide Complaint Acknowledgement Number 31503240006073 in National Cyber Crime Reporting Coordination Portal/1930, hence, the crime was registered against the different mule bank account holders and the investigation was taken into investigation.
9. That, a total amount of Rs. 60,83,352/- has been credited into the aforesaid bank account of the present accused applicant from the date of opening dated 16.02.2024 and the total amount of Rs. 60,72,104/- has been withdrawn by the present accused applicant till 31.12.2024.
10. That, against the aforesaid bank account number, there are 02 online complaints have been registered in the National Cyber Crime Reporting. Coordination Portal/1930, the details whereof, are as under.-
S. No. Acknowledegment Number State District Remarks
1. 31103240038610 Gujarat Surat City Online Finance Fraud
2. 31503240006073 Kerala Malappuram Online Finance Fraud 6
11. That, thereafter, during investigation, the present accused was summoned for selling the bank account and opening the account, receiving the suspicious account kit with him and in relation to the bank accounts operated by him and the transactions therein, notice under Section 35 (3) of the B.N.S.S., 2023 was issued to him for interrogation in relation to the bank accounts operated by him and the transactions therein. The present accused appeared and was summoned and notice under Section 94 of the B.N.S.S., 2023 to produce documents in relation to the bank account kit, amount received, registered mobile number. Thereafter, the memorandum statement of the present accused was duly recorded.
12. That, in the memorandum statement before the concerned witnesses, the accused applicant has categorically stated that, her acquaintance Preeti has allured her to provide bank account, then she would give Rs. 1000/- to her, thereafter, she opened the aforesaid bank account in the aforesaid bank with the help of another accused persons and has handed over/sold the bank account KIT, Bank Passbook, ATM Card and SIM Card to the accused Preeti for which, the said accused has given Rs. 1000/- to the present accused applicant.
13. That, the present accused Applicant has been arrested by the police of Police Station Civil Lines, Raipur/Range Cyber Raipur on 26.03.2025; in connection with Crime No. 129/2025, registered at Police Station Range Cyber, Raipur, District Raipur (C.G.) against the accused Applicant and other accused persons for the offence punishable under Sections 317 (2), 317 (4), 317 (5), 111 and 3 (5) of the Bhartiya Nyay Sanhita, 2023.
14. That, in the case, the present accused applicant is highly likely to abscond if granted bail, she could be prevented from committing other crimes and could influence and mislead witnesses in the case.
15. That, if the present accused applicant is granted bail, she will certainly abscond which will have an adverse effect on the investigation of the case and her morale will be boosted and she will again form her own gang and repeat the serious crime like cyber fraud which will create resentment in the society. Therefore, if she is granted bail, he will certainly abscond and influence the evidence, as she has been 7 arrested after considerable efforts made by the concerned police authorities.
16. That, the contents of the attached Affidavit at Paragraphs No. 01 to 15, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office."
7. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and upon due consideration of the affidavit filed by the Investigating Officer pursuant to the order of this Court, and the material collected during the course of investigation, it transpires that a strong prima facie case is made out against the present applicant. The investigation reveals that on the basis of information received from the Cyber Crime Reporting Coordination Portal of the Ministry of Home Affairs, Government of India, it came to light that as many as 128 bank accounts of Bank of Maharashtra, Raipur Branch were opened and used as mule accounts for receiving and routing proceeds of cyber fraud. On the basis of such information, the crime in question came to be registered and the investigation was entrusted to the Police Station Range Cyber, Raipur.
8. During the course of investigation, it has been found that the present applicant Bhumika Nayak, who is a mule bank account holder, had opened Bank of Maharashtra Account No. 60480411947 linked with mobile number 9981381932 on 16.02.2024. The record further reveals that within a short span of time, an amount of Rs. 60,83,352/- was credited into the said account and out of the said amount, Rs. 60,72,104/- was withdrawn till 31.12.2024, clearly indicating that the account was being used for routing and withdrawal of proceeds obtained through cyber fraud. It has also come on record that two 8 complaints relating to online financial fraud have been registered in the National Cyber Crime Reporting Portal/1930, including complaints from Surat City (Gujarat) and Malappuram (Kerala), wherein the said bank account has been found to be connected with fraudulent transactions.
9. Moreover, during investigation the present applicant was issued notice under Section 35(3) and Section 94 of the BNSS, 2023 and her memorandum statement was recorded. In her statement, the applicant has admitted that on the inducement of one Preeti, she opened the aforesaid bank account and handed over the bank account kit, passbook, ATM card and SIM card to the said person in consideration of Rs. 1000/-, thereby knowingly facilitating the use of the account for illegal transactions. Such conduct clearly demonstrates the role of the applicant in enabling the operation of mule bank accounts which form an essential component of organized cyber fraud.
10. Considering the magnitude of the amount involved (Rs. 60,83,352/-), the organized manner in which multiple mule bank accounts were used, the inter-State ramifications of the offence and the material indicating the involvement of the applicant in facilitating the routing and withdrawal of fraud proceeds, furthermore, the bail application of the co-accused persons Jai Baghel, Sheikh Shoheb and Jujesh Sona have already been rejected by this Court vide order dated 28.02.2026 passed in MCRC Nos. 797/2026, 966/2026 and 901/2026, and bail applications of the co-accused persons namely Rajesh Mandhani, Smt. Jyoti Mishra, Shivkumar Nirmalkar, Sahil Jethwani and Anju Kumari have already been rejected by this Court viders dated 31.10.2025, 25.06.2025, 25.06.2025 and 08.07.2025 passed in MCRC Nos. 9 8661/2025, 8633/2025, 4856/2025, 4906/2025 and 5248/2025, this Court is of the view that the role attributed to the applicant cannot be said to be insignificant at this stage, and the applicant is not entitled to be granted regular bail.
11. Accordingly, this first bail application of applicant - Bhumika Nayak, involved in Crime No. 129/2025, registered at Police Station - Civil Line, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, is rejected at this stage.
12. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously.
13. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Rajshekhar