Ruled in favour of Akhilesh Kaluram Joshi and another (Applicants)
In Short
Two men were accused of acting as middle layers in a cyber fraud scheme by letting their bank accounts be used to transfer illegal money for a small commission. They had been locked up since July 2026, and after the police finished the investigation, the High Court decided to grant them regular bail. The court noted that keeping them locked up longer while waiting for a trial would feel like a punishment before they were even proven guilty.
The Parties
Party A: Akhilesh Kaluram Joshi & Anr.
Party B: State of Gujarat
Advocates & Judges
For Party A: Learned Advocate Mr. Vilav K Bhatia
For Party B: Learned Advocate Ms. Shruti Pathak
Judge(s): Hon'ble Justice Hasmukh D. Suthar
What the Case Was About
The Cyber Crime Police Station in Ahmedabad registered a case against two men accusing them of serious cyber fraud and cheating offenses under the law. The police claimed that the men received illegal money from online scams into their bank accounts and then passed that money along to other accused persons. According to the investigation, the first accused received a commission of fifteen thousand rupees and the other received ten thousand rupees for letting their accounts act as middlemen in the fraud network. Because the police arrested them and locked them up, the men filed an application in the High Court asking to be released on regular bail since the police investigation was already finished and the charge sheet had been filed.
Judgment Date
26 October 2026
The Outcome
The court ruled in favour of the applicants and allowed the application, ordering that the two men be released on regular bail after executing a personal bond and meeting specific court conditions.
What the Court Looked At
- The court noted that the applicants received cyber fraud money in the second layer of the scam and transferred it to other co-accused persons.
- The court observed that the accounts were used as mule accounts, with the first accused getting a commission of fifteen thousand rupees and the other getting ten thousand rupees.
- The court pointed out that except for this role, no other specific acts were blamed on the applicants.
- The court considered that the applicants had been behind bars since the sixth of July, 2026.
- The court noted that the applicants had no past criminal history or antecedents.
- The court recognized that the police investigation was completely over and the charge sheet had already been filed.
- The court observed that there was nothing left for the police to recover or discover from the applicants.
- The court highlighted that the offenses are triable by the Court of a Magistrate and the trial will naturally take time to start and finish.
"Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that 'bail is a rule and jail is exception' as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration."
What This Means For You
This case shows the serious danger of letting someone else use your bank account to transfer money, even if you are only promised a small commission. In this situation, the applicants got into trouble because their accounts were used as second-layer mule accounts to pass along cyber fraud funds, which landed them in prison for months. The clear takeaway is that you should never allow strangers, friends, or middlemen to use your bank account, debit card, or documents for moving money. Doing a small favor or taking a quick commission can easily make you look like a partner in a major cyber crime ring and cost you your freedom. If you or someone you know is facing a similar situation where a bank account has been misused and you are stuck dealing with the aftermath, Setback Solutions can help you understand your options and coordinate your next steps clearly and simply.
You Still Have Options
If you are dealing with a stressful situation like facing a false FIR, stuck behind bars after a cyber crime accusation, or wondering what to do after your bail plea is delayed, it is important to know that you still have choices. Finding yourself tangled in online fraud investigations can feel overwhelming, but you do not have to figure it out all alone. You can always explore getting a second opinion, talking to a different expert, or seeking non-judicial guidance to clear up your path forward. Reach out to Setback Solutions to get plain-language help and coordination to understand your options and plan your next steps. Please remember that Setback Solutions is not a law firm, does not provide formal legal advice, and never promises specific case outcomes.