APHC010423522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8602/2025 Between: Aditya Pratap Shahi @ Daksh, ...PETITIONER/ACCUSED AND Central Bureau of Investigation CBI ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: V.Ravindhar Counsel for the Respondent/complainant: P.S.P Suresh Kumar, Special Public Prosecutor for CBI The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟), seeking to enlarge the Petitioner/Accused No.3 on bail in FIR.No.RC0362025A0009 of ACB Vishakhapatnam Police Station, Vishakapatnam District, registered for the alleged offence punishable under Sections 111(2)(b), 318(4), 319(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity „the BNS‟) and Sections 66(C) and 66(D) of the Information Technology Act, 2000 (for brevity „the Act‟). CASE OF THE PROSECUTION: 2 Dr.YLR, J Crl.P.No.8602 of 2025 Dated 15.09.2025 2. The case of the prosecution is that the CBI ACB, Visakhapatnam, received a complaint from Dr. M. Batmanabane Mounissamy, a retired JIPMER professor residing at GITAM University Campus, alleging a cyber investment scam. He was invited to a WhatsApp group, “H-10 Nuvama Health Group,” posing as Nuvama Funds (formerly Edelweiss), and was guided to invest through a fraudulent web link. After an initial small investment was successfully withdrawn to build trust, he subsequently invested about Rs.1.92 crores between 19.04.2025 and 27.05.2025. When attempting to withdraw, he was asked to pay large commissions and, after paying Rs.7,90,989/-, was still unable to access his funds. Realizing the fraud, he reported being cheated of approximately Rs.2 crores. The information discloses cognizable offences under Sections 111(2)(b), 319(2), 318(4), 61(2) of „the BNS.,‟ and Sections 66C & 66D of „the IT Act‟. A case was registered against Kangana and M. Ashish Kehair, alleged agents of Nuvama Funds, and other unknown persons. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri V. Ravindhar, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. It is contended that the Petitioner is pursing MBA from prestigious management in the country and his arrest would cause undue hardship and prejudice to his education. He hails from a reputed and disciplined family. He further submits that the petitioner is meritorious student secured admission to the MBA program of National University, Bhopal. In the 19- page booklet of the petitioner‟s bank transactions, not even a single entry reflects the transfer of any illegal money. The petitioner‟s bank account has not been frozen so far. His only alleged fault was purchasing a second-hand mobile phone from the 3 Dr.YLR, J Crl.P.No.8602 of 2025 Dated 15.09.2025 local market, in which the disputed data was already present something beyond his knowledge or notice. The petitioner is a permanent resident of Ranipur, Varanasi, Uttar Pradesh. He has got fixed abode. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4. It is further submitted that there is no likelihood of petitioner absconding or evading the process of law. The Petitioner has cooperated with the investigation so far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention and it is urged to allow the petition. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 5. Sri P.S.P Suresh Kumar, learned Special Public Prosecutor for CBI strenuously opposed for grant of bail contending that the investigation is still underway and several material witnesses are to be examined. It is submitted that enlargement of the Petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non-cooperation from the Petitioner. The prosecution further apprehends that the Petitioner, if released on bail at this juncture, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bail. 6. It is further argued that the petitioner received a commission of 7,433 USDT (equivalent to Rs.7,28,434/-) in his accounts for providing the aforesaid services to the cyber-fraud racket, and relevant screenshots have been filed. The petitioner 4 Dr.YLR, J Crl.P.No.8602 of 2025 Dated 15.09.2025 allegedly used the Binance App to receive and transfer the commission in cryptocurrency. So far, fifteen witnesses have been examined, and the investigation is still at a nascent stage. The case pertains to a cyber-fraud wherein the chain of evidence is primarily in digital form. It is further alleged that the petitioner lured innocent people. He is the head of a Varanasi-based gang, and has nearly 30 or 40 vendors working under him. Several cases have been registered against him, and Accused Nos.1 and 2 are to be arrested. Hence it is urged to dismiss the petition. POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of bail?” ANALYSIS: 8. As seen from the record, the allegation of the de-facto complainant is that he invested Rs.1.92 crores in various stocks between 19.05.2025 and 27.05.2025. Subsequently, he found the value of his investment reflected as Rs.35 crores. When he attempted to withdraw Rs.5 crores, his request was failed. Upon contacting Kangana, one of the accused, she demanded a commission of Rs.32 lakhs, which, after negotiation, was reduced to 25%. Accordingly, the de-facto complainant paid Rs.7,19,989/- as commission on 13.05.2025. Later, he realized that he had been cheated by the accused. The CBI/respondent filed a chart vide Annexure-B, which is extracted below for better understanding how the digital deception was committed: 5 Dr.YLR, J Crl.P.No.8602 of 2025 Dated 15.09.2025 9. It is the version of the prosecution that the modus operandi of the petitioner and other accused was to provide a WhatsApp link followed by a WhatsApp video call. Those lured would be induced to invest in accounts created by Accused Nos.1 and 2, who did not possess any license for stock trading. The flow chart mentioned 6 Dr.YLR, J Crl.P.No.8602 of 2025 Dated 15.09.2025 above reveals the modus operandi of the petitioner and other accused. The investigation is still at a nascent stage, and several more witnesses are to be examined. The learned Special Public Prosecutor contends that the petitioner had earlier been involved in a similar offence in FIR No.9 dated 24.01.2024 at Sonipat, registered for offences under Sections 420, 467, 468, 471, and 120-B of „the I.P.C‟. However, that case was compromised, and the High Court of Punjab and Haryana at Chandigarh quashed the FIR vide order dated 24.10.2024 in CRM-M-43876-2024, relying on Gian Singh v. State of Punjab 1 and Kulvinder Singh v. State of Punjab2. The petitioner was arrested on 03.07.2025. He has been in the judicial custody for the past 74 days. 10. Considering the nature and gravity of allegation levelled against the petitioner, his alleged role played in this case, this Court is not inclined to enlarge the petitioner on bail at his juncture. CONCLUSION: 11. Accordingly, the Criminal Petition is dismissed for present. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.09.2025. KMS THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 1 2012 (4) RCR (Criminal) 543 2 2007 (3) RCR (Criminal) 1052 7 Dr.YLR, J Crl.P.No.8602 of 2025 Dated 15.09.2025 CRIMINAL PETITION No.8602 of 2025 Date:15.09.2025 KMS