Chhattisgarh High Court

Bail denied to accused facilitating illegal betting through mule accounts and unauthorized creation of gaming IDs.

ISHWARI PRASAD @ VIVEK PATEL vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 22, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant filed a first bail application after being arrested in connection with Crime No. 763/2025 involving a "mule account" used for significant illegal financial transactions between June and July 2025.

Source reference: para 1-2

The prosecution alleged that the applicant, acting as a computer operator for an employer named Shailendra, created Gaming IDs for illegal cricket betting and shared bank account details (specifically an account belonging to "Ayush") with others to facilitate transactions.

Source reference: para 4

The applicant contended he was merely a salaried employee acting under instructions, that no incriminating money was found in his personal accounts, and that he had been in custody since September 28, 2025, with no witnesses yet examined.

Source reference: para 3
02

Issues

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering his alleged role as a facilitator in financial cybercrimes and illegal betting.

Source reference: para 1, 6
03

Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the grant of regular bail.

Source reference: para 1

Sections 317(4) (stolen property), 318(4) (cheating), and 61(2)(a) (criminal conspiracy) of the Bharatiya Nyaya Sanhita (BNS), along with Section 66(d) of the Information Technology Act (personation for cheating).

Source reference: para 1

Principle of parity and judicial consistency, referencing its prior rejection of a co-accused's bail application under similar circumstances.

Source reference: para 4, 6
04

Reasoning

The court evaluated the gravity of the offence and the specific role of the applicant as detailed in the memorandum statements and the Investigating Officer's affidavit. It noted that the applicant was not merely a passive participant but was actively engaged in creating Gaming IDs for illegal betting and received commissions for these activities.

Source reference: para 4

The court found that the applicant facilitated the sharing of bank account details used for suspect financial transactions. Despite the applicant's argument that he was a salaried employee with no direct financial benefit from the "mule" proceeds, the court emphasized the nature of the organized illegal activity.

Source reference: para 6

Crucially, the court noted that the bail application of a co-accused, Anil Kurre, had previously been rejected in MCRC No. 381/2026, and found no grounds to deviate from that precedent.

Source reference: para 4, 6
05

Holding

The court held that this was not a fit case to release the applicant on regular bail due to the specific role attributed to him and the gravity of the offence.

The bail application of Ishwari Prasad @ Vivek Patel was rejected and the court directed the office to communicate the order to the trial court for information.

Source reference: para 7, 8
Chhattisgarh High Court

Original Court PDF

ISHWARI PRASAD @ VIVEK PATELvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 22, 2026

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