When an accused is linked to the active management and supervision of an organized cyber criminal network through corroborated electronic evidence, the claim of parity with released co-accused is insufficient to warrant the exercise of judicial discretion for the grant of regular bail.

ORDER :

UTKARSH THAKORBHAI DESAI, J.

1. Present bail application is filed under Section 483 of the BNSS, 2023, praying for regular bail by the applicant, who is shown as accused no.8 in the FIR as well as in the charge-sheet, registered vide FIR No.11201018250032 of 2025, who came to be arrested by CID Cyber Crime Police Station, Gandhinagar, for the offenses alleged to have been committed under sections 317(2), 318(4), 61(2), 336(2), 336(3), 338 and 340(2) of the BNS, 2023, and Section 66D of the I.T. Act.

2. The investigation is completed and charge-sheet has been filed.

3. Heard Mr.Dev S. Kella learned advocate for the applicant and Ms.Jirga Jhaveri learned APP for the respondent – State.

4. Mr.Kella, learned advocate for the applicant has reiterated the averments of the application. According to Mr.Kella, there are no direct victims so far as the present applicant who is shown as accused no.8 is concerned. According to Mr.Kella, accused no.13 – Aayush @ Avin Karimbhai Chunara who is one of the main accused, is the son of the present applicant. Co-accused Imran and Raju are considered for regular bail, and the role of the present applicant is identical to both these co-accused. The Investigating Officer had recovered the mobile phone, from which, applicant’s chats with his son Aayush were found, and it was but natural for a father to communicate with his son.

4.1 Learned advocate Mr.Kella has also drawn the attention of the Court to the role of the applicant as mentioned in the charge-sheet. According to Mr.Kella, there is no other evidence against the present applicant. Hence, the present bail application should be allowed.

5. Heard learned APP Ms.Jirga Jhaveri for the respondent-State, who has strongly opposed this application by submitting that, the accused no.13 – Aayush @ Avin Karimbhai Chunara, who is one of the main accused, is in Dubai and is yet to be apprehended. The applicant was handling the office at Surat upon instructions from his son Aayush Chunara and Aamir Halani. The Investigating Officer has recovered the voice notes and chats of the applicant with his son Aayush Chunara and chats with Aamir Halani which pertain to the illegal transactions. Learned APP has also drawn the attention of the Court towards the order of the Trial Court, more particularly, towards the submissions of the learned APP in the said bail application bearing Criminal Misc. Application No.774 of 2026. According to Ms.Jhaveri, parity is not applicable to the applicant.

5.1 Learned APP has further submitted that, co-accused Imran and Raju who have been granted bail were working under the applicant as per his instructions. She lastly submitted that, considering the role of the applicant in the crime, this bail application should be rejected.

6. As per the prosecution case, the police had raided flat no.207, Kanku Ashish Apartment, Ghoddod Road, Surat, and office No.LG 58, West Side Road, Ghoddod Road, Surat. At the time of raid, the applicant along with other 19 co-accsued were found in possession of bank account kits, sim cards, credit cards, mobile phones, bank passbooks, ATM cards etc. The applicant and the other co-accused were luring innocent people with the intention of cheating them, and had opened their bank accounts and had committed Cyber frauds. They were luring people to make investments promising them high returns and were also withdrawing so invested monies by way of cheques and ATM cards, and used to convert such monies into digital currency and send it to co-accused Amir Altaf Halani and Arshan Merchant, both situated at Dubai, for which they received huge commission.

7. On perusing the charge-sheet papers, it appears that the applicant was working as a broker since 2018 and thereafter, joined illegal cyb