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 1-2The 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 4The 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 3Issues
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, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the grant of regular bail.
Source reference: para 1Sections 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 1Principle of parity and judicial consistency, referencing its prior rejection of a co-accused's bail application under similar circumstances.
Source reference: para 4, 6Reasoning
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 4The 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 6Crucially, 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, 6Holding
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, 8Original Court PDF
ISHWARI PRASAD @ VIVEK PATELvsSTATE OF CHHATTISGARH
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