Absence of criminal antecedents justifies bail for youth facilitating cyber fraud by providing bank account details.

The applicant filed his first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest on February 8, 2026

An FIR (Crime No. 99/2026) was registered against unknown persons after a complainant reported an unauthorized withdrawal of ₹4,70,000 from his bank account

Investigation into the money trail led to the applicant’s bank account

The applicant contended that he was an unemployed youth allured by co-accused persons (Nahid and Arman) to provide his bank account details for a small fee and was unaware of the larger cyber fraud conspiracy

He argued that he had no criminal antecedents and that the prosecution's case relies on documentary evidence like bank statements

1. Whether the applicant is entitled to grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of his involvement as a bank account provider in a cyber fraud case

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 439 of the CrPC), regarding the High Court's power to grant bail

It considered the charge under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, which pertains to cheating

The Court relied on bail principles concerning the necessity of custodial interrogation, the likelihood of tampering with documentary evidence, the age and socio-economic background of the accused, and the absence of criminal antecedents to prevent "recidivism"

The Court noted that the applicant is a 21-year-old with a private job and no prior criminal record

The Court observed that since the prosecution’s case is primarily based on the "money trail" and bank statements, there is no immediate likelihood of the applicant tampering with the evidence

It was further reasoned that custodial interrogation was no longer required and that the trial, which is triable by a Judicial Magistrate First Class, would likely take time to conclude

The Court found merit in the applicant's argument that he was merely a facilitator lured by money and not a primary conspirator

Given his family responsibilities and young age, the Court concluded there was no significant risk of the applicant fleeing from justice

The Court held that there was no compelling reason to continue the incarceration of the young applicant

The release is subject to specific conditions, including: (1) regular attendance at trial; (2) non-involvement in similar offences; (3) no inducement or threats to witnesses; and (4) compliance with Section 346 of the BNSS regarding the examination of witnesses