ORAL ORDER

1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11191067240045 of 2024 registered with Cyber Crime Police Station, District Ahmedabad, for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471, 120(B) of the Indian Penal Code, 1860 and Section 66(d) of the I.T. Act.

2. Learned advocate Mr. S. R. Bhoharia for the applicant has submitted that the applicant has no other antecedent. It is further submitted that investigation of the present offence is over and Charge-sheet has been filed. The other co- accused who are similarly situated to the present applicant have been considered for grant of bail by this Court and therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has been arrested in connection of the present offence on 13.04.2024 and since then, he is in custody and thereafter, the investigation is over and therefore, the presence of the present applicant is no more required in the custody for the purpose of investigation. He has submitted that the applicant has been implicated in the present offence as the incident alleged in the F.I.R. had taken place on 20.03.2024 whereas the F.I.R. has been lodged on 22.03.2024. As per the case of prosecution itself, the present applicant had received meager amount towards commission. There is no major financial gain caused to the present applicant because of alleged offence. He has, therefore, submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned Additional Public Prosecutor has opposed to grant of the present application inter-alia contending that the present applicant is the main accused in the present offence as the entire scam orchestrated by the present applicant. The applicant had transferred the proceeds of fraud in the form of cryptocurrency to the Chinese national. Actually the persons to whom the applicant had transferred cryptocurrency are not situated in China but are situated in the enemy country of India and therefore, there is likelihood of the said amount being used against the unity and sovereignty of India. He has further submitted that the allegations which have been charged, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised.

4. Learned advocate Mr. Arjun M. Joshi appearing for the original complainant has submitted that the Delhi High Court in the matter with similar facts has declined to exercise discretion and rejected bail to the accused persons. He has, therefore, submitted to dismiss the present application.

5. Heard learned advocates for the respective parties and perused the documents produced on record.

6. On 20th March, 2024, the first informant had received a call on his mobile phone wherein he was informed that the person calling him was speaking from Fedex Courier Service and he was informed that a fake bank account had been opened in the name of the first informant which was being used for terror activities and money laundering. The first informant was also sent a letter with a logo of Central Bureau of Investigation and the first informant was asked to deposit a sum of Rs.1 Crore in a particular bank account. Subsequently, the first informant was also asked to deposit the amount in the current account. The first informant had thus deposited a sum of Rs.1,15,11,250/- in the bank account given to him in the aforesaid telephone calls. The various accused persons including the present applicant were found to be involved in the present offence and therefore, they were arrested. It also appears that the fake ID was also prepared for the said purpose on the Social Media Platform i.e. Skype. So far as the role attributed to the present applicant is concerned, he had procured as many as 46 bank a