Facts
The applicant, Kamleshwar, filed a first bail application after being arrested on August 7, 2025, in connection with Crime No. 218/2025
Source reference: para. 1, 3The prosecution alleged that the applicant’s Axis Bank account was used to receive and debit funds totaling over ₹2.22 Lakhs obtained through online fraud
Source reference: para. 2An additional affidavit by the Investigating Officer revealed that 14 "Mule Accounts" were identified at the Bank of Maharashtra and Axis Bank, which were utilized for cyber fraud across multiple states
Source reference: para. 5The applicant allegedly confessed in a memorandum statement that he provided his bank accounts to co-accused persons for online cybercrimes
Source reference: para. 5Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, considering his period of incarceration and the nature of evidence
Source reference: para. 1, 7Law Applied
The court applied Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, which governs the High Court’s power to grant bail
Source reference: para. 1Sections 111 (Organized Crime), 317(1) (Stolen property), 371(2) (Habitual dealing in stolen property), 317(4), and 317(5) of the Bharatiya Nyaya Sanhita (BNS), 2023
Source reference: para. 1, 2The court also considered the principle of parity and judicial consistency, noting that bail applications of two other co-accused in the same crime had previously been rejected
Source reference: para. 4, 7Reasoning
The court evaluated the gravity of the allegations and the strength of the evidence collected during the investigation.
Source reference: para. 7Although the applicant argued that mere credit of money into an account does not establish intent or knowledge, the court relied on the Investigating Officer’s additional affidavit
Source reference: para. 3, 5This affidavit established that the applicant's account served as a "Mule Account" within a larger inter-state cyber fraud network
Source reference: para. 5, 7The court noted that "concrete evidence" demonstrated the applicant’s direct involvement in facilitating financial fraud
Source reference: para. 7Furthermore, the court emphasized that bail for two co-accused individuals (in MCRC No. 8263 of 2025 and MCRC No. 974 of 2026) had already been rejected, militating against the grant of bail to the present applicant
Source reference: para. 4, 7Holding
The High Court held that it was not a fit case to enlarge the applicant on regular bail due to the nature and gravity of the allegations and the existence of concrete evidence documenting his role in a cyber-fraud syndicate
The bail application was rejected
Source reference: para. 8The trial court was granted liberty to proceed with and conclude the trial expeditiously
Source reference: para. 9Original Court PDF
KAMLESHWARvsSTATE OF CHHATTISGARH
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