ORDER

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. 11191067250195 of 2025 registered with Cyber Crime Police Station, Ahmedabad City, for the offences under Sections 61(2)(a), 316(2), 318(4) and 319(2) of BNS and Sections 66(c) and 66(d) of the Information Technology Act.

3) Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Nothing is required to be recovered or discovered. Offence took place between 06.07.2025 and 19.08.2025, whereas the FIR has been lodged on 20.12.2025. He is not named in the FIR and allegation against the applicant is that he has rented his bank account in the alleged cyber crime fraud. He has no past antecedent. He therefore submits that, considering the nature of the offence, the applicant 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 dismissal of the regular bail application on the ground that the applicant is involved in a serious economic offence. It is submitted that the applicant, along with other co-accused, entered into a criminal conspiracy and induced the complainant to invest money in forex trading through the app “dex-trade.vip” downloaded via WhatsApp at the instance of Ganika Yadav and Nitish Mentor. It is alleged that the accused persons created a fake trading platform and WhatsApp groups in the name of “Market ETH Analysis” to gain the trust of the complainant and persuaded him to invest money on the promise of high profits in forex trading. On such inducement, the complainant transferred a total amount of Rs.26,98,690/- into different bank accounts provided by the accused through WhatsApp. Thereafter, when the complainant attempted to withdraw the invested amount, the accused demanded various charges and ultimately did not allow withdrawal of the money, thereby cheating the complainant. It is further submitted that out of the total defrauded amount, Rs.5,00,000/- was transferred in Layer 1 into the applicant’s bank account opened in the name of Yash Enterprise maintained with Bank of Baroda bearing No. 38720200000784, and the said amount was immediately transferred to other bank accounts. The investigation also revealed that total transactions amounting to Rs.2,16,69,545/- were carried out through the applicant’s bank account. Therefore, considering the active involvement of the applicant in the alleged offence, the present application does not deserve to be entertained. It is also contended that mere filing of the chargesheet is not a ground for granting bail, and if the applicant is released on bail, there is every possibility of tampering with the evidence.

5) Having heard the learned advocates for the respective parties and having gone through the evidence produced on record, it appears that the applicant-accused in collusion with the other accused entered into a pre-planned criminal conspiracy. From 06/07/2025 to 19/08/2025, at the instance of the co-accused and for the purpose of forex trading, the complainant downloaded the app “https://dex-trade.vip/” through Whats App. Further, on the pretext of earning profits through forex trading in the stock market, the accused created their own trading platform. The accused also created a social media platform namely the “ETH Analysis” Whats App group, and through continuous messaging and by gaining the trust of the complainant, induced him to deposit a total amount of Rs.26,98,690/- in different bank accounts provided through Whats App in the name of forex trading. It further appears that the accused persons cheated the complainant by not permitting withdrawal of the investe