Irfan Bin Osman @ Ahmed v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3708 of 2026 DATE: 08.04.2026 BETWEEN:

Irfan Bin Osman @ Ahmed .....petitioner/accused No.3 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.3 in Crime No.2657 of 2025 before the Cyber

Crimes Police Station, Cyberabad Commisionerate, registered for the offences punishable under Sections 318(4), 319(2), 336(3), 338, 340(2) read with 3(5) of BNS and Section 66-D of IT Act-2000-2008.

2.

The brief facts of the case are that on 28.10.2025, the defacto complainant lodged a complaint stating that he was induced to invest in an online trading platform namely "Quantum AI (Caplace)" after viewing advertisements on Instagram. Believing the representations made by persons identifying themselves as Aditya Singh and S. Arun, the complainant invested various amounts on different dates through online transactions, amounting to a total of Rs.12,12,030/-. Initially, he was shown fake profits and even permitted a partial withdrawal to gain his confidence. Subsequently, he was induced to invest further amounts under the pretext of maintaining margin levels. Later, the accused informed him that the market had crashed and his entire investment was lost, after which they stopped communication. Realizing that he was cheated through a fake trading application and fraudulent representations, he lodged

the complaint. Based on the same, a case in Crime was registered for the above said offences.

3.

Heard Sri G. Anil Kiran Kumar, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State. 4.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and has no connection whatsoever with the alleged website, trading platform, phone numbers, or bank accounts mentioned in the complaint. He further submitted that the FIR does not contain any specific allegation or overt act against the petitioner and primarily refers to other individuals, namely Aditya Singh and S. Arun. He contended that the transactions were carried out online through international numbers and there is no material to establish the petitioner's involvement or control over the alleged operations and that the dispute has a civil or commercial nature arising out of voluntary online investments. Therefore, he prayed the Court

to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the petition contending that the case involves a serious cyber fraud wherein innocent investors were cheated by creating a fake online trading platform and inducing them to part with substantial amounts and that the investigation revealed involvement of multiple persons operating in a coordinated manner and the role of the petitioner is being examined in the financial transactions and digital trail. Therefore, at this stage, granting of pre-arrest bail to the petitioners does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the allegations pertain to an online investment fraud wherein the defacto complainant was induced to invest money through a fake trading platform and suffered substantial financial loss. The main allegation against the petitioner is that he is connected with the fraudulent scheme involving operation of the said platform

and diversion of funds collected from the complainant. As seen from the record, the material part of the investigation is completed and the evidence appears to be predominantly documentary and digital in nature. Further, similarly situated co-accused have already been granted bail and the petitioner has expressed his willingness to cooperate with the investigation. Considering the same, this Court is inclined to grant pre-arrest bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Cyber Crime Police Station, Cyberabad Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/-, each with two sureties, for the like sum each.

ii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m., for a period of eight

(8) weeks or till the filing of the charge sheet, whichever is earlier and thereafter, as and when required.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 08.04.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3708 of 2026 Date: 08.04.2026 SAI