Absence of criminal antecedents and filing of charge-sheet justify grant of regular bail in cheating cases.

The applicant filed a first bail application seeking regular bail following his arrest on October 13, 2025, in connection with Crime No. 173/2025

The prosecution alleged that the applicant received Rs. 5,65,000 via RTGS from the complainant under the pretext of securing jobs for the complainant’s wife and brother-in-law, which he failed to provide

The applicant contended that he was falsely implicated due to previous enmity, that no money was received, and that the investigation was already complete with a charge-sheet filed

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for the alleged offense of cheating under Section 318(4) of the Bharatiya Nyaya Sanhita

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail

The substantive offense charged was Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), which pertains to cheating and dishonestly inducing delivery of property

The court also referenced procedural compliance under Sections 84, 209, 269, and 351 of the BNS/BNSS to ensure the applicant's presence during trial and to prevent the abuse of the liberty of bail

The court evaluated the gravity of the offense alongside the specific circumstances of the applicant. It noted that the applicant has no prior criminal antecedents

The court emphasized that the investigation had concluded and the charge-sheet had been filed, meaning the applicant's custodial interrogation was no longer required

Furthermore, as the matter is triable by a Judicial Magistrate First Class (J.M.F.C.) and the applicant had already been in jail since October 13, 2025, the court observed that the trial was likely to consume considerable time

Balancing the nature of the allegations with the period of incarceration and the lack of absconding risk, the court found it fit to grant bail subject to stringent conditions to ensure trial participation

The court held that the applicant deserved regular bail given his six-month incarceration and the completion of the investigation

The relief was granted subject to conditions: the applicant must not seek unnecessary adjournments, must remain present on all trial dates, and must comply with procedural requirements under Sections 209, 269, and 351 of the BNS/BNSS or face revocation of bail