Bunty Bhojwani vs State Of Chhattisgarh
- Citation2026 SCC OnLine Chh 6846
Ratio decidendi
The rule this decision rests on
Where a person is arrested as a "mule account" holder in a cybercrime syndicate and investigation reveals that large sums obtained through cyber fraud were transacted through a bank account in their name within a short span of time, and the person admits in their memorandum statement to having opened the account on inducement by another person who then operated it, bail may be refused on the ground that the applicant was actively and consciously involved in a well-organized and systematic cyber crime syndicate, notwithstanding that co-accused persons have been granted bail by higher courts or that the applicant claims lack of knowledge of the account's unlawful use.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2026:CGHC:11931 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1210 of 2026 Bunty Bhojwani S/o Mohan Bhojwani Aged About 42 Years (Wrongly Mentioned As 32 Years) R/o Naya Mangal Bazar, Gudhiyari, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Line, Raipur, District - Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Deputy Government Advocate.
Digitally signed by Hon'ble Shri Ramesh Sinha, Chief Justice PREETI PREETI KUMARI Order on Board KUMARI Date: 2026.03.13 12:42:12 +0530 12.03.2026 1.
This is the First bail application filed under Section 483 of the Bhartiya
Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant arrested in connection with Crime No. 129/2025 registered
at Police Station - Civil Line, Raipur, District - Raipur (C.G.) for the
offence punishable under Sections 317(2), 317(4), 317(5), 111 and
3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
2. As per the prosecution story, in brief, information was received at
Police Station Civil Lines, Raipur. On 23.03.2025, upon consideration
of the information received from Cyber Range Police Station, Raipur,
regarding action against mule account holders through the
Coordination Portal operated by the Ministry of Home Affairs,
Government of India, it was found prima facie that offences under 2
Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 had been committed. Accordingly, the crime was
registered and taken up for investigation. The information was
reflected on the Coordination Portal of the Indian Cyber Crime
Coordination Centre which is operated by the Ministry of Home Affairs,
Government of India, which serves as a comprehensive platform for
sharing cybercrime-related information for the purpose of police
investigation. Upon receiving such information regarding mule
accounts being used for disbursing, utilizing, and enriching amounts
obtained through cyber fraud, the relevant data was collected from the
Coordination Portal. From the said information, it was revealed that a
total of 128 bank accounts of the Bank of Maharashtra, Raipur Branch
had received deposits amounting to Rs. 64,10,855/- up to 11.01.2025,
which were allegedly obtained through cyber fraud. Upon receiving the
said information and having reason to believe that the said amount
was being used, concealed, or disposed of for the purpose of cyber
fraud through the aforesaid bank accounts, the offence was registered
and taken up for investigation.
3. Learned counsel appearing for the applicant submits that the applicant
is innocent and has been falsely implicated in the present case. It is
further submitted that the charge-sheet has been submitted in this
case. It is further submitted that that the applicant had no knowledge
whatsoever with his identity and personal information being used for
unlawful activities. No evidence has been collected from the present
applicant's phone which reflects the applicant's participation in the
overt act. He further submits that the co-accused Ishika Singh was
granted bail by the Hon'ble Supreme Court in SLP (Criminal) No.
13678/2025, and another co-accused Sanjay Makhija was also 3
granted bail by the Hon'ble Supreme Court in SLP (Criminal) No.
14519/2025. Furthermore, another co-accused Ku. Chandramukhi
Sinha was granted bail by the Hon'ble High Court in MCRC No.
395/2026 on 13.01.2026. He also submits that the applicant has no
previous criminal antecedents and the applicant is in jail since
26.03.2025, and the conclusion of the trial shall take quite long time.
Therefore, he prays for grant of bail.
4. On the other hand, learned State counsel opposes the bail application
and submits that the charge-sheet has been filed. He further submits
that from the perusal of record, it transpires that during the course of
investigation, it was found that, the arrested accused mule bank
account holder Bunty Bhowani/present accused applicant, Resident of
Gudhiyari, Raipur vide Bank of Maharashtra, Raipur Branch, Account
Number 60480841539 in which, the Mobile Number 8889174166 was
found to be linked/registered in which, within a short span of time,
financial transactions of Rs. 3,44,95,292/- has been found to be
transacted illegally through cyber fraud/crime since its opening date.
5. Learned State counsel further submits that the bail applications of
co-accused, namely, Jai Baghel, Sheikh Shoheb and Jujesh Sona and
many others have already been rejected by this Court vide orders
dated 28.02.2026 passed in MCRC Nos. 797/2026, 966/2026 and
901/2026. Therefore, the bail application of present applicant is also
liable to be rejected on the same ground.
6. I have heard learned counsel for the parties and perused the case
diary.
7. In compliance of the Court's order dated 04.02.2026, the Investigating
Officer of the subject Crime Number, Police Station Range Cyber,
Raipur, District - Raipur (C.G.), has filed his affidavit showing the 4
incriminating evidence collected against the applicant during the
course of investigation, which is quoted here as under:
6. That, during the course of investigation, it was found that, the arrested accused mule bank account holder Bunty Bhowani/present accused applicant, Resident of Gudhiyari, Raipur vide Bank of Maharashtra, Raipur Branch, Account Number 60480841539 in which, the Mobile Number 8889174166 was found to be linked/registered in which, within a short span of time, financial transactions of Rs.
3,44,95,292/- has been found to be transacted illegally through cyber fraud/crime since its opening date.
7. That, the complainant Prakash Takkar & 4 Others have registered online reports regarding the online cyber fraud of Rs. 46,000/- on 01.10.2024 and the account has been found to be used to receive the money from online cyber fraud vide Complaint Acknowledgement Number 31110240161724 in National Cyber Crime Reporting Coordination Portal/1930, hence, the crime was registered against the different mule bank account holders and the investigation was taken into investigation.
8. That, a total amount of Rs. 3,44,95,292/- has been credited into the aforesaid bank account of the accused from the date of opening dated 20.02.2024 and the total amount of Rs. 3,44,94,094/- has been withdrawn by the present accused applicant till 31.12.2024.
9. That, against the aforesaid bank account number, there are two complaints have been registered in the National Cyber Crime Reporting Coordination Portal/1930 by the victims of the various States of the country, the details whereof, is as under:-
Acknowledgment State District Remarks Number A250433100034 Chattisgarh Raipur Online Finance Fraud 5
20805240038717 Delhi Outer North Online Finance Fraud 23111240149169 Uttar Gautam Buddha Online Finance Fraud Pradesh Nagar 30504250024774 Bihar Mothihari Online Finance Fraud 31110240161724 Gujarat Patan Online Finance Fraud 31911240155706 Maharashtra Nagpur City Online Finance Fraud 32401250002960 Odisha Balasore Online Finance Fraud 32410240031180 Odisha UPD Online Finance Fraud Bhubaneshwar
10. 10. That, during thereafter, accused/aforesaid mule bank account holder Bunty Bhojwani was summoned and questioned and his memorandum statements was taken infront of the relevant witnesses wherein he has categorically deposed that, one Amit Jindani Resident of Shrinagar, a former acquaintance of the present accused applicant, lured the accused applicant, mule account holder, by promising him Rs. 8000, if he opened a bank account and told him that, he wanted to open an account in Bank of Maharashtra. After opening the bank account, the said Amit Andani provided a bank account kit for fraud and money transactions would be carried out through it for online earning. The said Amit Jindani gave the accused applicant Bunty Bhojwani Rs. 8000/- as commission for opening the said bank account. The bank account KIT was operated, maintained and taken over by the said Amit Andani.
8. Considering the facts and circumstances of the case, allegations
levelled against the applicant in the FIR, and from the perusal of the
records available, it transpires that the applicant was actively and
consciously involved in a well-organized and systematic cyber crime
syndicate, further, from perusal of the record, it transpires that during
the course of investigation, it was found that, it was found that, the
arrested accused mule bank account holder Bunty Bhowani/present
accused applicant, Resident of Gudhiyari, Raipur vide Bank of
Maharashtra, Raipur Branch, Account Number 60480841539 in
which, the Mobile Number 8889174166 was found to be 6
linked/registered in which, within a short span of time, financial
transactions of Rs. 3,44,95,292/- has been found to be transacted
illegally through cyber fraud/crime since its opening date, further
considering the fact that the bail applications of co-accused, namely,
Jai Baghel, Sheikh Shoheb and Jujesh Sona and many others have
already been rejected by this Court vide orders dated 28.02.2026
passed in MCRC Nos. 797/2026, 966/2026 and 901/2026, thus, this
Court is of the opinion that it is not a fit case to enlarge the applicant on
regular bail.
9. Accordingly, this first bail application of applicant - Bunty Bhojwani
involved in Crime No. 129/2025 registered at Police Station - Civil
Line, Raipur, District - Raipur (C.G.) for the offence punishable under
Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (BNS), is rejected at this stage.
10. Needless to say that the learned trial Court concerned is at liberty to
proceed with the trial and conclude the same, expeditiously.
11. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice
Preeti
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