Active Role in Organized Cybercrime via Managed Mule Accounts Precludes Grant of Regular Bail

The matter arose from information received via the Cyber Crime Reporting Portal regarding 17 fraudulently opened bank accounts at DCB Bank, Civil Lines Branch, Raipur, used for laundering cyber fraud proceeds

Investigation revealed that Account No. 21214700000435, registered to one Gul Hamza, recorded illegal transactions totaling ₹1,29,88,840

Statements from co-accused Gul Hamza and Ajay Kumar indicated that the complete banking kit—including the ATM card, passbook, and cheque book—was transferred to the applicant, Prakash Singh

The applicant was arrested on December 21, 2025, and admitted to conducting transactions through the said account, though he claimed the relationship with co-accused was a personal monetary arrangement involving a loan

The applicant sought regular bail following the submission of the charge-sheet

1. Whether the applicant established a case for the grant of regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, in light of the allegations of organized cyber fraud

2. Whether the applicant's role in the transaction of over ₹1.29 crore through a "mule account" constitutes a conscious and indispensable part of a criminal conspiracy

Section 111 regarding organized crime, Section 3(5) relating to common intention, and Sections 317(2), 317(4), and 317(5) concerning the dishonestly receiving or retaining stolen property or proceeds of crime under the Bhartiya Nyay Sanhita (BNS)

Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, which replaces the provisions for regular bail under the erstwhile CrPC

Established bail jurisprudence regarding the gravity of the offense, the nature of evidence, and the potential for tampering with witnesses in organized financial crimes

The court found that a strong prima facie case existed against the applicant, noting that the investigation unearthed a "deep-rooted, structured and profit-oriented criminal conspiracy"

The court applied the rule of law to the facts by highlighting that the applicant was in actual possession of the banking instruments of a third-party "mule account" used for staggering illegal transactions

It dismissed the applicant's defense—that the transactions were merely a private loan—as lacking credibility when weighed against the magnitude of the financial dealings and the direct link to reported cyber frauds

The court reasoned that the applicant’s involvement was not incidental but reflected an active role in facilitating an organized crime network

Finally, the court determined that the organized nature of the modus operandi increased the risk of the applicant influencing witnesses or tampering with evidence if released

It held that the gravity of the offense, the magnitude of the defrauded amount, and the cogent evidence of the applicant's direct involvement in the fraudulent scheme outweighed the grounds for bail

The court granted the trial court liberty to proceed with and conclude the trial expeditiously