Economic offences involving deep-rooted conspiracies, complex layering of funds, and international financial impact constitute a separate class of crimes, where the gravity, potential for evidence tampering, and necessity of custodial interrogation necessitate a stringent threshold for the grant of bail, overriding claims of parity.

ORDER :

Hasmukh D. Suthar, J.

1) RULE. Learned APP waives service of rule for the respondent-State.

2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11203023251246 of 2025 registered with Junagadh ‘A’ Division Police Station, Junagadh, for the offences under Sections 317(2), 317(4) and 61(2) of BNS and Section 66(d) of the Information Technology Act.

3) Learned advocate appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Nothing is required to be recovered or discovered. The applicant is in jail since 29.12.2025. Co-accused having similar role are enlarged on regular bail and therefore, on the ground of parity, the applicant may be enlarged on regular bail. Allegation against the applicant is that the applicant and his wife having 12 bank accounts and used in the alleged offence of cyber fraud and as per the case of the prosecution, in the account maintained with Indian Bank, an amount of Rs.3,51,750/- and in the bank account of his wife maintained with Union Bank an amount of Rs.4,93,815/- came to be deposited and said amounts later on sent to the co-accused and for the same, the accused have received commission. Except this, no role is played by the applicant. He therefore submits that, considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

4) Learned APP appearing on behalf of the respondent-State has opposed the present application and prayed for its dismissal, contending that the applicant is involved in serious offence of cyber fraud. During investigation, it came to light that the applicant was found to be involved in two accounts, and total Rs.8,45,565/- came to be deposited. But during further investigation, it was revealed that the applicant is involved in various cyber fraud offences. Total 52 bank accounts were used by the applicant and other co-accused in such offence and subsequently during further investigation, the said number was reached to 61 bank accounts. Learned APP further submitted that upon verification of the NCCRP Portal, it was also found that other offences have been registered against the applicant. In view of the aforesaid submissions, learned APP has argued that considering the active and significant role played by the applicant in the alleged offence, the present application does not deserve to be entertained. It is further contended that mere filing of the charge-sheet cannot be a ground for grant of bail and that, if released on bail, there is every likelihood of the applicant tampering with the evidence and influencing witnesses.

5) Having heard the learned advocates for the respective parties and having gone through the evidence produced on record, it appears that the applicant in connivance with other co-accused obtained bank accounts through their holders in which money from cyber fraud and online gaming was deposited and later on the same was withdrawn from the account holders of those accounts or their associates through ATMs and cheques and thereafter, converted the said money into cash and all the accused after deducting their commission, forwarded the said money to accused No.13 Raju @ Rambhai Bhavanagr through Angadiya and the said amount then converted into USDT and sent it through absconding accused Irfan @