Avnick Mansukh Bhai Limbani v. State Of Chhattisgarh

Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board

16.07.2026

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. 03/2025 registered at Police Station – Cyber Police Station, Ambikapur District - Surguja (C.G.), for the offences punishable under Sections 318(4),3(5),317(4),111 of the B.N.S & Section 66 (D) of the 2 I.T. Act & 21(1),21(2),21(3) of the Banning Unregulated Deposit Schemes Act 2019.

The prosecution case, in brief, is that the complainant Ravi Mohan Goswami has lodged a written complaint before the Police Station Ambikapur, District Surguja to the effect that the unknown persons (accused persons) through the mobile numbers [REDACTED],[REDACTED], [REDACTED] and [REDACTED] have allured the complainant of getting more money by investing in the share market and the accused persons have got installed their Mobile Applications namely Money Trade 365 and Skytrade from Play-Store and in the QR Code given by the accused persons, the complainant has deposited a total of Rs. 21,15,000 in 84 installments and have defrauded the aforementioned amount complainant/victim, wherein Rs. 1.92 Lacs from SBI Account Number 32829474155, Rs. 1.05 Lacs from SBI Account Number 34506960656, Rs. 20,000 from SBI Account Number 41209990733, Rs Rs. 51,000 from SBI Account Number 20326716390, Rs. 1,27,500 from SBI Account Number 42610048970, Rs. 1.01 Lacs from SBI Account Number 33998537079, Rs. 1 Lac from SBI Account Number 32222472022, Rs. 1.05 Lacs from Bank of Baroda Account Number 86680100021152, Rs. 2,06,500 from Gramin Bank Account Number 77030963395, totaling Rs. 20,11,500, has been defrauded by the accused persons from the victims' pension accounts. Based on this, the pension fund FIR was registered and the matter was taken into investigation.

The learned counsel for the applicant submits that the applicant is 3 innocent, has not committed any offence as alleged, and has been falsely implicated in the present case. It is contended that no prima facie material is available on record to connect the applicant with the commission of the alleged offence and that the investigating agency has failed to collect or produce any cogent documentary or electronic evidence establishing his involvement in the alleged cyber fraud. It is further submitted that although the prosecution has alleged that the applicant is a software expert, such an allegation, by itself, is wholly insufficient to infer his complicity in the crime, particularly when there is no evidence to show that the applicant had operated the alleged applications, participated in the alleged fraudulent transactions, or received any part of the alleged cheated amount. Learned counsel further submits that no money has been recovered from the possession of the applicant nor has any amount been credited to his bank account from the proceeds of the alleged offence.

Learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed. It is further submitted that, in compliance with the order dated 07.05.2026 passed by this Court, the Investigating Officer has filed an affidavit detailing the specific role of the present applicant. According to the prosecution, the complainant was induced by members of an organised international cyber-fraud syndicate to invest money in fake online trading platforms, namely MoneyTrade365 and SkyTrade, on the false promise of high and guaranteed returns. Acting on such inducement, the complainant transferred more than Rs.20 lakhs through about 84 online transactions. It is submitted that the investigation has revealed that the present applicant, Avnik Mansukhbhai Limbani @ Chirag, was not a mere employee but the chief technical architect, software developer, server administrator and creator of the entire technological infrastructure on which the fraudulent platforms operated. According to the prosecution, the applicant designed, developed and maintained more than 38 illegal online trading websites, including 5 MoneyTrade365 and SmartTrade365, without which the cyber-fraud operation could not have functioned.

Learned State Counsel further submits that the applicant initially developed the trading software during his IT studies and thereafter continuously upgraded and maintained the platforms under the directions of the main accused, Garvit Jain @ Prince, for monthly remuneration. It is further alleged that Garvit Jain arranged the applicant's visits to Dubai, where meetings were held regarding software development, server architecture and expansion of the fraudulent operations. Even after returning to India, the applicant allegedly continued to provide technical support and again travelled to Dubai and Goa with the principal accused. The prosecution relies upon photographs, videos, flight tickets, digital evidence recovered from the seized mobile phones, and the statements of co-accused Garvit Jain and Anshul Ginotra to establish the applicant's close association and active coordination with the syndicate.

It is further submitted that the MacBook laptop and 256 GB hard disk seized from the possession of the applicant contained complete source codes of more than 40 fraudulent trading websites and applications, including MoneyTrade365 and SmartTrade365, besides a centralized admin portal enabling the operation and monitoring of more than 38 websites from a single location. The electronic devices also contained programming files, server data, balance sheets and transaction records, which form part of the material collected during investigation. The investigation further revealed that nearly 19,340 investors had invested through the fraudulent platforms, including 6 4,109 investors through MoneyTrade365 and SmartTrade365 alone. It is also submitted that a Google Drive account belonging to the applicant contained financial records, including sheets titled "Ghar Ghar Kahani" and "Baava", showing receipts of approximately Rs.2.37 crores from the development and maintenance of fraudulent websites, besides details of payments received from different website administrators. The applicant is also alleged to have admitted receiving Rs.50 to 60 lakhs through hawala channels to conceal the proceeds of crime.

Learned State Counsel further submits that the applicant was traced through Call Detail Records (CDR), IP analysis and other technical surveillance, and was arrested from Surat, Gujarat, after following the procedure prescribed under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is contended that the electronic, documentary and digital evidence collected during the investigation, along with the affidavit filed by the Investigating Officer, clearly establishes the applicant's central role as the technical mastermind of an organised cyber-crime syndicate having inter-State as well as international ramifications. Considering the gravity and magnitude of the organised economic offence, the sophisticated manner in which it was committed, the huge financial loss caused to innocent investors, and the possibility of tampering with electronic evidence, Learned State Counsel submits that the applicant is not entitled to the discretionary relief of bail.

I have heard learned counsel for the parties and perused the case diary.

Having heard learned counsel for the parties and upon perusal of the 7 case diary, the charge-sheet, the affidavit filed by the Investigating Officer pursuant to the order dated 07.05.2026, and the material available on record, this Court finds that the investigation, prima facie, shows the active involvement of the present applicant in an organised cyber-fraud syndicate. The prosecution case reveals that the complainant was induced to invest money through fake online trading applications, namely MoneyTrade365 and SkyTrade, on the false promise of earning high returns, resulting in a financial loss of more than Rs.20 lakhs. The material collected during the investigation, including the electronic evidence, the source codes recovered from the applicant's MacBook, the centralized admin portal allegedly developed by him, the digital records stored in the seized hard disk, the financial data recovered from his Google Drive, the technical surveillance reports, the statements of witnesses and co-accused, and the affidavit filed by the Investigating Officer, prima facie indicate that the applicant played a key technical role in creating and operating the fraudulent online platforms. The investigation also indicates that the applicant developed several fake trading websites, received substantial amounts for his work, and continued to provide technical support to the syndicate. The allegations relate to a serious and organised economic offence involving cyber fraud, causing huge financial loss to a large number of investors and having inter-State as well as international links. The plea of parity raised by the applicant is also not acceptable, as the role attributed to him is different from that of the co-accused who have already been granted bail. Considering the nature and gravity of the offence, the specific role assigned to the 8 applicant, the material collected during the investigation, the affidavit filed by the Investigating Officer, and the possibility of tampering with digital evidence, this Court is of the opinion that the applicant is not entitled to the benefit of regular bail. Accordingly, the bail application is rejected.

Accordingly, the bail application of the applicant namely, Avnick Mansukh Bhai Limbani, involved in Crime No. 03/2025 registered at Police Station – Cyber Police Station, Ambikapur District - Surguja (C.G.), for the offences punishable under Section Section 318 (4), 3 (5) and Section 66 (d) I.T. Act, is rejected.

Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.

Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - vaibhav Sd/- (Ramesh Sinha) ChiefJustice