In the absence of established criminal antecedents and where the prosecution provides no evidence to the contrary, an accused person involved in cyber fraud is entitled to bail if they have completed a significant period of detention and the evidence remains primarily based on unverified memorandum statements.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

21/04/2026

1. Since the above two bail applications are arising out of same incident and same crime numbers however, their offences are different, so they are being heard and decided by this common order.

2. The applicants, namely Yashir Shafi Charalu, Sakib Farukhdar and Arshlan Afak, have preferred their First Bail Applications under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No. 460/2025, registered at Police Station City Kotwali, District: Raigarh (C.G.), wherein applicants Yashir Shafi Charalu and Sakib Farukhdar are alleged to have committed offences punishable under Sections 318 (4), 111, 3(5) of the BNS and Section 66(D) of the I.T. Act, whereas applicant Arshlan Afak is alleged to have committed offences punishable under Sections 318 (4), 336(3), 338, 340(2), 111, 61(2), 3(5) of the BNS and Section 66(D) of the I.T. Act. Hence, these bail applications.

3. Case of the prosecution, in brief, is that the complainant, Smt. Medni Patel, submitted a written report on 07.09.2025 at Police Station City Kotwali, Raigarh, stating that during the period from 20.05.2025 to 30.08.2025, she came across an advertisement on YouTube regarding share trading, wherein certain mobile numbers were provided. She, along with her husband, contacted those numbers and they were informed about a “UK India Channel” and were induced to invest in share trading. Acting upon the instructions of the said persons, they started investing money and transferred amounts into various bank accounts as directed. They were also instructed to download a mobile application for trading purposes. As per the information provided to them, the “UK India Trading Channel” was being operated by Yashasvi Securities, having its address at Business Park, 20C Ganguly Sarani Complex, 9th Floor, Kolkata. Its operators, namely Nitin Sharma and Tejkumar Jain (stated to be SEBI-registered advisors), remained in continuous contact with them. The mobile numbers used by Nitin Sharma were 9060643727 and 8434379399, and those of Tejkumar Jain were 7669841741 and 8922017104. Communication took place through WhatsApp chats and calls. On their instructions, between 20.05.2025 and 30.08.2025, the complainant transferred a total amount of ₹1,08,44,025.16 (Rupees One Crore Eight Lakh Forty-Four Thousand Twenty-Five and Sixteen Paise only) into various bank accounts, details and UTR numbers of which are available with her. The said amount was reflected in the trading application, showing an inflated value of approximately ₹42 crores. However, when she attempted to withdraw the amount, she was asked to pay ₹5,00,000/- as brokerage charges, which she paid. Thereafter, when she again attempted to withdraw the amount, the same could not be withdrawn and upon contacting the said mobile numbers, they were found switched off and all communication through WhatsApp and calls ceased, giving rise to suspicion of fraud. On the basis of the written complaint, FIR bearing Crime No. 460/2025 was registered at Police Station City Kotwali, Raigarh, under Sections 318 (4) and 3(5) of the BNS, and investigation was taken up.

4. During the course of investigation, it was found from the bank account details of the complainant and witnesses that out of the total amount, ₹32.50 lakhs had been transferred to the bank account of accused/applicant Yashir Shafi Charalu, resident of Srinagar. The CDR of the mobile number linked to the said account and the bank account details of IndusInd Bank, Srinagar (Account