Facts
The complainant, Mahesh Kumar Sahu, reported a financial fraud involving ₹12,03,158/- after clicking a malicious APK link received via a WhatsApp group
Source reference: para 2During the investigation, it was discovered that ₹89,999/- of the defrauded amount was credited to a Bank of Maharashtra account belonging to the applicant
Source reference: para 6.4The applicant was arrested on November 10, 2025, and subsequently filed this first bail application under Section 483 of the BNSS
Source reference: para 1, 3The Investigating Officer’s affidavit revealed that the applicant's account had multiple suspicious transactions and was linked to four separate fraud reports across different states
Source reference: para 6.5, 6.6The applicant admitted in his memorandum statement that he had "sold" his bank account and related documents to a third party for ₹5,000/-
Source reference: para 6.7Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering his admission of selling his bank account which was subsequently used for cyber-fraud
Source reference: para 7Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides the High Court's discretionary power to grant regular bail
Source reference: para 1Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), which pertains to cheating and dishonestly inducing delivery of property
Source reference: para 1, 8Reasoning
The court analyzed the applicant's involvement by linking the defrauded funds directly to his bank account
Source reference: para 6.4It highlighted the applicant's voluntary admission of selling his banking credentials for a nominal fee of ₹5,000/-, which the court viewed as an act facilitating organized digital crime
Source reference: para 6.7, 7The court reasoned that such a modus operandi reflects a well-orchestrated financial fraud that causes substantial public harm and destabilizes the banking system
Source reference: para 7Furthermore, the court noted that the applicant is a subject of multiple complaints in different states, indicating a recurring involvement in digital financial crimes
Source reference: para 6.6Consequently, the court found the gravity of the organized nature of the offence and its impact on the economy sufficient to override the fact that the charge sheet had been filed and the applicant had been in custody for several months
Source reference: para 7Holding
The court answered the issue in the negative, holding that the applicant’s involvement in facilitating large-scale financial fraud through the sale of his bank account rendered him ineligible for bail at this stage
The bail application was rejected
Source reference: para 8The trial court was directed to be informed of the order
Source reference: para 9Original Court PDF
MARUF SIDDIQUI ANSARIvsSTATE OF CHHATTISGARH
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