Facts
The applicant, Brijesh Kumar Prajapati, was arrested on 15/11/2025 in connection with Crime No. 271/2025
Source reference: p. 1-2Investigations revealed that the applicant’s bank account was a "mule account" used for cyber fraud, receiving approximately ₹6,08,294 from suspicious transactions across different states
Source reference: p. 3The applicant contended he was induced to open the account for a small consideration and had no knowledge of its illegal use, claiming co-accused persons controlled the ATM and SIM cards
Source reference: p. 2The State opposed bail, highlighting that the applicant was one of 14 account holders identified by the Cyber Cell and the Indian Crime Coordination Centre as being involved in an organized illegal routing of funds
Source reference: p. 3Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of his involvement in cyber-financial fraud
Source reference: para. 1 & 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail
Source reference: para. 1Sections 111 (Organized Crime), 317(2), 317(4), and 317(5) of the Bhartiya Nyaya Sanhita (BNS)
Source reference: para. 1 & 7The legal principle applied focuses on the gravity of the offense, the nature of the accused's involvement in organized crime, and the impact of the offense—specifically digital financial fraud—on the economy and the public at large
Source reference: para. 6Reasoning
The Court weighed the applicant's claim of innocence and lack of knowledge against the material evidence presented by the Investigating Officer’s affidavit. It noted that the transaction details reflected "massive illegal transactions" identified as money obtained through online fraud
Source reference: para. 4The Court observed that the applicant’s role as a "mule" for routing ₹6,08,294 suggested involvement in a well-orchestrated, organized crime committed through digital platforms
Source reference: para. 6The High Court reasoned that such financial frauds cause substantial public harm and severely impact the banking system. Consequently, despite the filing of the charge sheet and the duration of the applicant’s incarceration since November 2025, the gravity and modus operandi of the offense outweighed the grounds for release
Source reference: para. 6Holding
The Court answered the issue in the negative and rejected the bail application
The High Court held that the case was not fit for regular bail due to the applicant's reasonable involvement in organized financial crime that negatively impacts the economy
Source reference: para. 6The Office was directed to communicate the order to the concerned trial court for information
Source reference: para. 8Original Court PDF
BRIJESH KUMAR PRAJAPATIvsSTATE OF CHHATTISGARH
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