Table of Content
1. application for regular bail in a cyber-fraud case involving money laundering charges. (Para 1 , 2 , 3)
2. competing arguments regarding the necessity of detention versus the completion of the investigation (charge-sheet filing). (Para 4 , 5)
3. evaluation of the accused's limited financial involvement and lack of criminal history as grounds for bail. (Para 6)
4. grant of bail subject to specific conditions to ensure the integrity of the trial. (Para 7 , 8 , 9 , 10 , 11 , 12)

ORAL ORDER

1. Heard learned Advocate Mr.V.K. Rana appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. J.K. Shah appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11216026250022 of 2025 registered with Cyber Crime Police Station Gandhinagar Range, District Gandhinagar, for the offence punishable under Sections 316(2), 318(4), 319(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(d) of the Information Technology Act.

4. Learned Advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge-sheet is filed, no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. Allegation being that the accused had defrauded the victims by promising them higher returns for investment in share market and whereas defrauded the victims of an amount approximately Rs. 35,00,000/-.

ii. The role attributed to the present applicant is being, having given his account for the purpose of laundering the money in question.

iii. The fact of the account of the present applicant, being in receipt of an amount of Rs. 97,000/- only, i.e. a comparatively small amount and the present applicant having received a meagre amount of Rs.6000/- as a commission.

iv. This Court has also considered that the applicant is in custody since 02.02.2026, the charge-sheet is filed and the applicant does not have any other antecedent.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11216026250022 of 2025 registered with Cyber Crime Police Station Gandhinagar Range, District Gandhinagar, on executing a bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage

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