Facts
The applicant, Jayant Ahirwar, filed a first bail application after being arrested in connection with an online share trading fraud
Source reference: p. 1The complainant, Khemchand Patel, was induced by individuals posing as "International Equity Fund" officials to invest in a fraudulent platform, resulting in a loss of ₹12,94,700/-
Source reference: p. 2Investigation revealed that mobile number 6232110291 was used to facilitate the fraud
Source reference: p. 2The applicant, the registered holder of said SIM, admitted in a memorandum statement that he sold the SIM to one Rahul Ahirwar for ₹5,000/- with the knowledge that it would be used for online fraud
Source reference: p. 3, para. 6The applicant has been in custody since December 15, 2025
Source reference: p. 4Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, given the allegations of providing infrastructure for online fraud
Source reference: p. 1 / para. 8Law Applied
Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, regarding regular bail
Source reference: p. 1-2Section 318(4) of the Bharatiya Nyaya Sanhita (BNS) along with Section 66(D) of the Information Technology Act, 2000, which penalize cheating and personation using computer resources
Source reference: p. 1-2Principles of criminal conspiracy and the receipt of "proceeds of crime" as evidenced through voluntary disclosures and memorandum statements
Source reference: para. 7-8Reasoning
The Court rejected the applicant’s contention that there was no direct financial link between him and the fraudulent transactions.
Source reference: para. 8The Court relied on the Investigating Officer’s affidavit and the applicant’s own memorandum statement, highlighting that the applicant explicitly confessed to receiving ₹5,000/- as consideration for the SIM card while being aware of its intended use for fraudulent activities.
Source reference: para. 6, para. 8The court noted the applicant's admission of connivance with other accused persons and the provision of bank accounts for fraudulent activities, which outweighed the fact that he had no prior criminal antecedents.
Source reference: para. 8Holding
The High Court denied the bail application, holding that the applicant's admitted involvement in facilitating online fraud through the sale of a SIM card and the provision of bank accounts barred his release at this stage.
The application was rejected; however, the trial court was granted liberty to conclude the proceedings expeditiously.
Source reference: para. 10Original Court PDF
JAYANT AHIRWARvsSTATE OF CHHATTISGARH
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