YUSUF SANGHWANI vs STATE OF CHHATTISGARH

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CGHC010298552026 2026:CGHC:38418
NAFR
VAIBHAV
SINGH
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
VAIBHAV SINGH
Date: 2026.09.01
11:07:29 +0530
MCRC No. 7034 of 2026
Yusuf Sanghwani S/o Shri Shahabuddin Sanghwani Aged About 21 Years
R/o Village Khechipara, Street No. 03, Gondalroad Kothariya, Solevat,
Police Station Taluka, District- Rajkot (Gujrat) ...Applicant

versus
State Of Chhattisgarh Through The Station House Officer, Of The Police
Station Ambagarh - Chowki, District - Mohla- Manpur Ambagarh- Chowki
(C.G.) ... Non-applicant
For Applicant : Mr. Khilendra Sahu, Advocate.
For Non-applicant/State : Mr. Sumit Singh, Dy. A.G.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
31.08.2026
1. This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
03/2026, registered at Police Station – Ambagarh- Chowki, District-
Mohla- Manpur Ambagarh- Chowki (C.G.) for the offence punishable
under Sections 318(4), 317(4), 3(5) of the BNS and Section 66(D) of

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the Information Technology Act.
2. The prosecution case, in brief, is that the complainant, namely Kunal
Agrawal, lodged a written report at Police Station Ambagarh Chowki
alleging that during the period from 07.11.2025 to 06.12.2025, an
unknown person, posing as a representative of a share
trading/investment platform, contacted him through WhatsApp and a
mobile application and induced him to invest money by promising
exorbitant returns through online share trading. Believing the
representations made by the accused, the complainant transferred
various amounts from his Punjab National Bank and HDFC Bank
accounts to different bank accounts as instructed by the accused. In
this manner, the complainant allegedly transferred a total amount of
Rs.1,49,50,000/-. Thereafter, when the complainant attempted to
withdraw the invested amount, the accused demanded further
deposits on the pretext of loan repayment and other charges.
Subsequently, the complainant realized that he had been cheated and
that the entire transaction was fraudulent. On the basis of the
aforesaid allegations, the police registered an offence under Section
318(4) of the Bharatiya Nyaya Sanhita, 2023. During the course of
investigation, offences under Sections 317(4) and 3(5) of the BNS,
2023, and Section 66(D) of the Information Technology Act, 2000,
were also added.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case and that
there is no cogent or legally admissible evidence connecting him with
the alleged cyber fraud. It is submitted that the prosecution case is

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primarily based upon electronic transactions, bank records, mobile
data and other digital evidence, which are already in possession of the
investigating agency and, therefore, no further custodial interrogation
of the applicant is required. It is further submitted that no recovery of
the alleged cheated amount has been effected from the conscious
possession of the applicant, nor has the prosecution shown that he
was the beneficiary of the alleged fraudulent transactions, as the
amount allegedly transferred by the complainant was credited into the
bank accounts of other co-accused persons. It is also submitted that
the identity and specific role of the applicant in the alleged offence
have not been established and there is no direct allegation that he
induced the complainant or received any part of the alleged proceeds.
Learned counsel further submits that the applicant has been in judicial
custody since 16.02.2026, the investigation has been completed and
charge-sheet has already been filed, as such, his further custodial
detention is not necessary and would amount to unnecessary pre-trial
incarceration. It is also submitted that the applicant is a first-time
offender having no criminal antecedents, is a permanent resident of
the address mentioned in the cause title and there is no likelihood of
his absconding or tampering with the prosecution evidence or
witnesses. It is lastly submitted that the complainant, being a mature
and educated person, voluntarily entered into the investment
transaction with an expectation of earning exorbitant returns, and
there is no material showing any inducement attributable to the
present applicant. The applicant is ready to furnish adequate surety
and abide by all the conditions imposed by this Hon’ble Court; hence,
it is prayed that the applicant be released on bail.

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4. On the other hand learned State counsel opposes the bail application
of the present applicant and submits that the charge-sheet has been
filed in the present case.
5. I have heard learned counsel for the parties and perused the case-
diary.
6. Considering the facts and circumstances of the case, the nature and
gravity of the allegations levelled against the present applicant, the
fact that the charge-sheet has already been filed before the competent
Court, that the applicant has no criminal antecedents, and that the
applicant has been in judicial custody since 16.02.2026, coupled with
the fact that the conclusion of the trial is likely to take some time, this
Court is of the considered view that the applicant is entitled to be
released on bail in the present case.
7. Let applicant, Yusuf Sanghwani , involved in Crime No. 03/2026,
registered at Police Station – Ambagarh- Chowki, District- Mohla-
Manpur Ambagarh- Chowki (C.G.) for the offence punishable under
Sections 318(4), 317(4), 3(5) of the BNS and Section 66(D) of the
Information Technology Act, be released on bail on furnishing
personal bond with two local sureties in the like sum to the
satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect
that he shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be
open for the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through
his counsel. In case of his absence, without sufficient
cause, the trial court may proceed against him under
Section 269 of Bharatiya Nyaya Sanhita.

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(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued and
the applicant fails to appear before the court on the
date fixed in such proclamation, then, the trial court
shall initiate proceedings against him, in accordance
with law, under Section 209 of the Bharatiya Nyaya
Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i) opening
of the case, (ii) framing of charge and (iii) recording of
statement under Section 351 of BNSS. If in the opinion
of the trial court absence of the applicant is deliberate
or without sufficient cause, then it shall be open for the
trial court to treat such default as abuse of liberty of bail
and proceed against him in accordance with law.
8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
vaibhav