Anticipatory bail denied in organized cyber fraud involving bank account facilitation for multi-crore illegal transactions.

In brief

The question

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the BNSS in light of allegations of organized cyber financial fraud

The court held

The Court answered the issue in the negative, holding that the gravity and magnitude of the organized cyber fraud disentitled the applicant to discretionary relief

It also directed

The High Court of Chhattisgarh rejected the application for anticipatory bail

01Facts

The applicant sought anticipatory bail regarding Crime No. 33/2026

¶ 1

The prosecution alleged that a co-accused, M.D. Tavrej, opened a bank account in the applicant's name in exchange for ₹8,000, which was then used to facilitate cyber fraud

¶ 2

An investigation and a personal affidavit filed by the Investigating Officer revealed that approximately ₹7 Crores from various victims across different states had been routed through the applicant’s account

¶ 4

the applicant's memorandum statement indicated he had procured SIM cards and dispatched bank documents via courier to co-conspirators in Rajasthan

¶ 4

The applicant contended he was a victim of circumstances with no involvement in the fraud

¶ 3

02Issues

i.1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the BNSS in light of allegations of organized cyber financial fraud

¶ 1, 6

03Law Applied

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of bail to persons apprehending arrest

¶ 1

The substantive charges fell under Sections 318(4) (cheating), 61(2)(A) (criminal conspiracy), and 111 (organized crime) of the Bharatiya Nyaya Sanhita (BNS), 2023

¶ 1

The decision hinged on established judicial principles for anticipatory bail, which require the court to balance individual liberty against the gravity of the offence, the magnitude of the fraud, and the stage of the investigation

¶ 6

Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482

Bharatiya Nyaya Sanhita, 2023 Section 61 Section 111 Section 318

04Reasoning

The Court analyzed the applicant's role beyond his claim of being a mere account holder. It noted the Investigating Officer’s affidavit, which detailed the applicant's active participation in procuring SIM cards and couriering bank kits to a "Ravi Teja" in Jaipur

¶ 4

The Court found that the transaction of ₹7 Crores through the applicant's account established a prima facie link to a large-scale, organized financial crime

¶ 4, 6

The Court reasoned that the organized and planned nature of the offence, spanning multiple states, necessitated a higher threshold for bail.

¶ 6

Because the investigation was ongoing and the applicant’s memorandum statement directly corroborated his facilitating role in the conspiracy, the Court determined that custodial interrogation or further restraint was justified to unearth the full extent of the fraud

¶ 6

05Holding

The Court answered the issue in the negative, holding that the gravity and magnitude of the organized cyber fraud disentitled the applicant to discretionary relief

¶ 6

The High Court of Chhattisgarh rejected the application for anticipatory bail

¶ 7

LawLens.Chhattisgarh High Court

Original Court PDF