1 CGHC010298552026 2026:CGHC:38418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7034 of 2026 Yusuf Sanghwani S/o Shri Shahabuddin Sanghwani Aged About 21 Years R/o Village Khechipara, Street No. 03, Gondalroad Kothariya, Solevat, Police Station Taluka, District- Rajkot (Gujrat) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Of The Police Station Ambagarh - Chowki, District - Mohla- Manpur Ambagarh- Chowki (C.G.) ... Non-applicant For Applicant : Mr. Khilendra Sahu, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 03/2026, registered at Police Station – Ambagarh- Chowki, District- Mohla- Manpur Ambagarh- Chowki (C.G.) for the offence punishable under Sections 318(4), 317(4), 3(5) of the BNS and Section 66(D) of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.01 11:07:29 +0530 2 the Information Technology Act. 2. The prosecution case, in brief, is that the complainant, namely Kunal Agrawal, lodged a written report at Police Station Ambagarh Chowki alleging that during the period from 07.11.2025 to 06.12.2025, an unknown person, posing as a representative of a share trading/investment platform, contacted him through WhatsApp and a mobile application and induced him to invest money by promising exorbitant returns through online share trading. Believing the representations made by the accused, the complainant transferred various amounts from his Punjab National Bank and HDFC Bank accounts to different bank accounts as instructed by the accused. In this manner, the complainant allegedly transferred a total amount of Rs.1,49,50,000/-. Thereafter, when the complainant attempted to withdraw the invested amount, the accused demanded further deposits on the pretext of loan repayment and other charges. Subsequently, the complainant realized that he had been cheated and that the entire transaction was fraudulent. On the basis of the aforesaid allegations, the police registered an offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, offences under Sections 317(4) and 3(5) of the BNS, 2023, and Section 66(D) of the Information Technology Act, 2000, were also added. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that there is no cogent or legally admissible evidence connecting him with the alleged cyber fraud. It is submitted that the prosecution case is 3 primarily based upon electronic transactions, bank records, mobile data and other digital evidence, which are already in possession of the investigating agency and, therefore, no further custodial interrogation of the applicant is required. It is further submitted that no recovery of the alleged cheated amount has been effected from the conscious possession of the applicant, nor has the prosecution shown that he was the beneficiary of the alleged fraudulent transactions, as the amount allegedly transferred by the complainant was credited into the bank accounts of other co-accused persons. It is also submitted that the identity and specific role of the applicant in the alleged offence have not been established and there is no direct allegation that he induced the complainant or received any part of the alleged proceeds. Learned counsel further submits that the applicant has been in judicial custody since 16.02.2026, the investigation has been completed and charge-sheet has already been filed, as such, his further custodial detention is not necessary and would amount to unnecessary pre-trial incarceration. It is also submitted that the applicant is a first-time offender having no criminal antecedents, is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution evidence or witnesses. It is lastly submitted that the complainant, being a mature and educated person, voluntarily entered into the investment transaction with an expectation of earning exorbitant returns, and there is no material showing any inducement attributable to the present applicant. The applicant is ready to furnish adequate surety and abide by all the conditions imposed by this Hon’ble Court; hence, it is prayed that the applicant be released on bail. 4 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 16.02.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Yusuf Sanghwani, involved in Crime No. 03/2026, registered at Police Station – Ambagarh- Chowki, District- Mohla- Manpur Ambagarh- Chowki (C.G.) for the offence punishable under Sections 318(4), 317(4), 3(5) of the BNS and Section 66(D) of the Information Technology Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav