Chattisgarh High Court
Prakash Singh vs State Of Chhattisgarh on 9 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:16430
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1339 of 2026
Prakash Singh S/o Arun Singh Aged About 42 Years Resident Of D.D. Nagar
Sector- 3 Junior M.I.G. 68 Near C.S.I.V. Office D.D. Nagar, Raipur
Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Civil Line
Raipur, District - Raipur (C.G.)
... Non-applicant
Digitally
For Applicant : Mr. C.R. Sahu, Advocates.
RAJSHEKHAR signed by
SONI RAJSHEKHAR
SONI
For Non-applicant/State : Mr. Sourabh K. Pande, Dy. Advocate General.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board
09.04.2026
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. 452/2025, registered at Police Station - Civil Line Raipur, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of the BNS.
2. Case of the prosecution, in brief, is that an information was received through the cyber crime reporting portal that 17 bank accounts have been fraudulently opened in D.C.B. Bank, Civil Lines Branch Raipur and were being used for receiving proceeds of cyber fraud, acting on directions from the Police headquarters, a report regarding the incident was forwarded to Police Station Civil Lines, Raipur, where an FIR was 2 registered against all 17 accounts holders, including the applicant for commission of the aforesaid offence. 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 such conjecture and surmises without any direct material evidence against the applicant. The applicant is in jail since 21.12.2025, 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 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.
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 06.02.2026, 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 06.02.2026 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 06.02.2026 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 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, on the basis of the information received from the Cyber Crime Reporting Portal Coordination, there are 17 bank accounts of Bank of DCB, Branch at Raipur have been opened, which were being used for receiving the 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. 452/2025 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 4 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.
6. That, during the course of investigation, it was found that, the said DCB Bank Account No. 21214700000435 was found in the name of Gul Hamza and the said Gul Hamza has stated in his statement that, he has given the aforesaid bank account kit to the accused Ajay Kumar, Mobile Number 7489502938. In the aforesaid DCB Bank Account number, the Mobile Number 8359055160 is linked and registered in which, within a short span of time, financial transactions of Rs. 1,29,88,840/- has been found to be transacted illegally through cyber fraud/crime since its opening date.
7. That, the complainant Shankar Kharade has registered online reports regarding the online cyber fraud of Rs. 10,000/- on 09.07.2024 and the account has been found to be used to receive the money from online cyber fraud vide Complaint Acknowledgement Number 31907240098050 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.
8. That, thereafter, during investigation, the accused/aforesaid mule bank account holder Gul Hamza was summoned and questioned and his memorandum statements was taken infront of the relevant witnesses wherein he has categorically deposed that, he has given the aforesaid Bank Account kit to the accused Ajay Kumar. Thereafter, the said accused Ajay Kumar was summoned and interrogated wherein, he has deposed in his statement that, he has got opened the aforesaid bank account in the name of Gul Hamza and has handed over the said bank account KIT, ATM Card, Passbook to the present accused applicant Prakash Singh and in exchange of which, the present accused applicant Prakash Singh's friend has provided the accused Ajay Kumar with a loan of Rs. 2 Lacs. The present accused Prakash Singh reportedly possessed Gul Hamza's Cheque Book and ATM and he 5 has admitted to having made all the transactions in the aforesaid bank account.
9. That, during the course of investigation, the preset accused applicant was summoned and questioned and his memorandum statement was taken infront of the relevant witnesses wherein he has categorically deposed that, he had lent the accused Ajay Kumar Rs. 60,000/- once and Rs. 90,000/- in exchange for gold and there was a mutual monetary transaction.
10. That, the present accused Applicant has been arrested on 21.12.2025 by the police of Police Station Civil Lines, Raipur/Range Cyber Raipur, in connection with Crime No. 452/2025, 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 and was sent on judicial remind. However, the matter is still under investigation and after due completion of the investigation, the charge sheet would be filed against the present accused applicant and other accused persons before the concerned Jurisdictional Magistrate below.
11. That, if the present accused applicant is granted bail, he will certainly abscond which will have an adverse effect on the investigation of the case and his morale will be boosted and he will again form his own gang and repeat the serious crime like cyber fraud which will create resentment in the society. Therefore, if he is granted bail, he will certainly abscond and influence the evidence, as he has been arrested after considerable efforts made by the concerned police authorities.
12. That, the contents of the attached Affidavit at Paragraphs No. 01 to 11, 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 6 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 Prakash Singh. The record reflects that, pursuant to information received from the Cyber Crime Reporting Portal operated under the aegis of the Ministry of Home Affairs, Government of India, investigation revealed the existence of 17 mule bank accounts in DCB Bank, Raipur Branch, which were being systematically used for routing and laundering proceeds of cyber fraud, leading to registration of Crime No. 452/2025. During the course of investigation, it has been unearthed that Bank Account No. 21214700000435, opened in the name of Gul Hamza, was utilized for illegal transactions amounting to a staggering Rs. 1,29,88,840/- within a short span of time. The said account has been specifically linked to cyber fraud, including a complaint lodged by one Shankar Kharade involving an amount of Rs. 10,000/-, thereby establishing its direct nexus with fraudulent activities.
8. The chain of events, as revealed from the memorandum statements of the co-accused persons, clearly indicates a well-structured conspiracy. The account holder Gul Hamza has categorically stated that he handed over the bank account kit to co-accused Ajay Kumar, who in turn admitted that he got the said account opened and subsequently transferred the complete banking kit, including ATM card, passbook, and cheque book, to the present applicant Prakash Singh. The material on record further demonstrates that the present applicant was in possession of the said account instruments and has himself admitted to carrying out transactions through the said account. The involvement of the applicant is thus not merely incidental but reflects an active and 7 conscious role in facilitating and executing the fraudulent transactions.
9. The defence sought to project the transaction between the applicant and co-accused Ajay Kumar as a simple monetary arrangement; however, such explanation does not inspire confidence in light of the overwhelming documentary evidence, including bank transaction records, memorandum statements, and the magnitude of financial dealings involved. The fact that such an enormous amount has been routed through the account under the control of the present applicant prima facie establishes his deep involvement in a larger organized cyber crime network.
10. Considering the gravity and nature of the offence, the magnitude of the defrauded amount, the organized modus operandi adopted by the accused persons, and the existence of cogent evidence including memorandum statements and financial records, this Court is of the opinion that the applicant was an integral part of the fraudulent scheme. In such circumstances, and keeping in view the possibility of the applicant tampering with evidence or influencing witnesses if released on bail, this Court is not inclined to grant bail to the applicant.
11. Accordingly, this first bail application of applicant - Prakash Singh, involved in Crime No. 452/2025, registered at Police Station - Civil Line Raipur, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 111, 3(5), 317(2), 317(4) and 317(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. 8
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