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Judgment
Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 320/2026 registered at Police Station- Chhawani, District Durg (C.G.) for offence punishable under Sections 319, 318(4), 317(2), 317(4), 61(2), 111 of BNS and Section 7 of Chhattisgarh Gambling (Prohibition) Act, 2022.
Case of the prosecution, in brief, is that on May 16, 2026, acting on information received from an informant during a patrol, the Chhavni Police Station team-after issuing notices to witnesses and apprising them of the tip-off-laid a trap near the Baikunthdham Anganwadi Center and apprehended Akash Jaiswal and Javed Akhtar. Upon searching them, passbooks for various bank accounts, ATM cards, mobile phones, and cash were recovered. During interrogation, both admitted of providing "mule" bank accounts, forged passbooks, and ATM cards to Kunal Verma for use in cricket betting and cyber fraud. The recovered items were seized, and a preliminary complaint (Dehati Nalisi) was recorded; based on this, a case (Crime No. 320/2026) was registered at Chhavni Police Station under Sections 319 and 318(4) of the Bharatiya Nyaya Sanhita. During the investigation, co-accused Kunal Verma and Rohit Chauhan revealed that an organized gang based in Hyderabad arranged for fake SIM cards, bank accounts, ATM cards, laptops, and other resources to facilitate cricket betting and cyber crimes. Co-accused Rahul worked as a bookie (khaival) from Flat No. 78, Nakshatra Society, Shamshabad (Hyderabad), alongside associates Vikas Rai, Pratik Patel, Sheikh Saddam, Vikas Nishad, K. Srinu, Tukeshwar Sahu, Rajkumar Paswan, Gufran Khan, Zaid Khan, Vicky Sahu, and Abhishek Bharti. Items seized from the co-accused include ATM cards linked to forged accounts in various names, SIM cards from different companies, laptops, routers, and cash. Thus, the applicant was also implicated in the crime in question. Charge sheet has been filed, and the case is pending committal.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged and applicant was falsely implicated in the crime in question. He also submits that some amount has come into the account of the applicant from unknown source which he was not aware, therefore, it can not be said that the applicant is involved in committing the offences as alleged against him. He also submits that there is no other criminal antecedent registered against the applicant. Hence, he may be enlarged on bail.
Learned State counsel opposes the submission of learned counsel for applicant and would submit that applicant is actively involved in commission of crime. According to the allegation the applicant used to provide mule accounts for transfer of funds of cricket betting. He also contended that as many as 8 cyber complaint is registered on the ground of bank account recorded in the name of applicant. He also read the memorandum statement of co-accused Aman in this regard and submitted, applicant is not entitled for the benefit of the anticipatory bail.
I have heard learned counsel for the respective parties and also perused the documents enclosed along with bail application.
Considering the entirety of the facts and circumstances of the case, submission of learned counsel for the respective parties, nature of allegation, allegation levelled against the applicant, further considering that as many as 8 cyber complaint is recorded on the ground of bank account recorded in the name of applicant, I do not find present to be a fit case to allow this anticipatory bail application.
Accordingly, this application filed under Section 482 of the BNSS, 2023 stands dismissed.