Yes, you get entitled to apply for bail after the chargesheet is filed. Please note that it is the settled law that bail is a right and jail is an exception.

Those are some interesting arguments but alas! can be made during the trial at appropriate stage of arguments only. Your sole focus should be on the bail itself.

If the trial court dismissed the bail application you could have approached the high court with a similar application, you could have got the bail.

However you can apply or bail even after the charge sheet is filed.

Without registering FIR they cannot arrest him or they cannot seek police custody for investigation from court.

Therefore you first ascertain the facts and then if what you say is correct and have documents to prove your allegations then you may even file a quash petition before high court or wait for the charge sheet to be filed and then proceed with the bail application and also the quash petition

Binance is not illegal in India, but there are some regulations that must be followed:

Binance registered with India's Financial Intelligence Unit (FIU-IND) to comply with local regulations, including anti-money laundering (AML) rules.

Binance's website and mobile app were banned in India for seven months after the FIU flagged the exchange for non-compliance with AML regulations.

While cryptocurrencies are not illegal in India, there is no specific legislation or regulatory framework governing their use and trading. 

Now that Binance is fully functional in India, they will deduct the 1% TDS on crypto transactions according to Section 194S of the IT Act. This rule came into effect from 1 July, 2022. Registration of Binance with FIU also means that the exchange will have to report any kind of suspicious transaction to the FIU.

If you had been following the proper procedures of law in this regard then you do not have to be worried,m you can challenge the same in court of law during trial proceedings

You should get bail after charge sheet is filed 

bail is rule and jail is the exception 

Notice under section 41 A is necessary if name is included in FIR 

police has to issue notice to record accused statement 

if name not mentioned in FIR your husband should get bail 

It is necessary to peruse FIR to advice 

Dear Client,

In the Present Scenario, your husband has been accused of being involved in a fraudulent transaction, involving a cheque for an amount reported as fraudulent. Further, your husband is a cancer patient and you also have certain health issues, that may be considered for providing bail. Besides, you have proof of transactions made, including KYC, which supports your claim of acting in good faith. However, the issue at hand, involved several persons, including a cousin and a third party, who had provided the cheque, and the main individuals involved in the same are untraceable. Taking into consideration the provisions of BNS and BNSS, firstly, you may file a bail application wherein, the court may grant bail unless the other party shows that there is a risk or serious charges which necessitates keeping your husband in custody. However, the health reasons of your husband may be a valid stance to argue upon. Additionally, if you are able to prove that your husband was unaware of the transaction being fraudulent, and him acting upon good faith, this may be a good stance to argue. Therefore, it is suggested that, all the necessary documentation is collected, and you may file for an anticipatory bail, if you fear arrest as well.

Hope you find this answer beneficial for resolving the dispute.

- The police cannot arrest without issuing 41a notice or without getting a court order. 

- Since, no notice was issued , hence your husband can get bail from the session court 

- Further, you can lodge a complaint against the said binance after mentioning the details of fraud done with your husband. 

It’s only legal if there are laws to buy the same. Our govt is worst which also takes tax on illegal things which is very unlikely then foreign nations. Our govt encourages us to do illegals things so that revenue in form of taxes can be levied on the same but same doesn’t give it legal status 

• Challenge Procedural Issues: Since no warrant or Section 41A notice was issued and your husband’s name wasn’t in the FIR, these may be procedural violations. Highlight this in your bail application or consider appealing to a higher court, like the High Court, for unlawful detention.

• Medical Grounds for Bail: Emphasize your husband’s health issues and dependency of family, providing medical records to strengthen the bail plea.

• Evidence of Legitimate Transactions: Show proof that funds were from the sale of assets, with transaction records and KYC collected for due diligence.

• Absconding Primary Accused: Highlight that the main accused (account holder and cousin) are absconding, while your husband played a secondary role. Emphasize your willingness to cooperate in finding these individuals.

• Bail After Chargesheet: Once the chargesheet is filed, it may be easier to secure bail, especially if evidence against your husband is weak. Your lawyer can present this along with proof of transparency and cooperation.

• Crypto Legality: Point out that the government taxes crypto, which suggests a degree of legality, especially when using a registered platform like Binance.

• Get a Specialized Lawyer: Engage a criminal lawyer with expertise in cyber and financial crimes to navigate jurisdictional issues and procedural violations, reinforcing your cooperation and innocence.