Absence of direct financial transactions in applicant’s account and filing of charge-sheet warrants grant of bail.

The applicant, Amit Mishra, filed four separate first bail applications arising from four distinct crime numbers (Crime Nos. 472/2025, 493/2025, 571/2025, and 397/2025) registered at Police Stations Ambikapur and Gandhinagar.

The prosecution alleged that the applicant deceived various individuals into surrendering their SIM cards, ATM cards, and bank documents under false pretenses (such as offering employment).

These documents and accounts were reportedly used to facilitate online betting and cyber fraud.

Affidavits from the Investigating Officer stated that several online cyber fraud complaints were registered across the country linked to these accounts.

The applicant has been in custody since July 2025 for three cases and October 2025 for one case.

Charge sheets have been filed in all matters.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of the allegations, the period of detention, and the progress of the trial?

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

The applicant was charged under various sections of the Bhartiya Nyay Sanhiya (BNS), 2023, including Section 318(4) (cheating), Section 111 (organized crime), Section 61(2) (criminal conspiracy), Section 317 (stolen property), and Section 238 (causing disappearance of evidence), as well as Section 66(c) of the I.T. Act.

Procedural consequences under Sections 209 and 269 of the BNS and Section 84 and 351 of the BNSS.

The Court examined the totality of the circumstances, specifically noting the Investigating Officer’s admission that while the applicant used third-party documents for cyber fraud, no actual monetary transactions were found in the applicant's personal bank account.

The Court observed that the applicant had been in jail for approximately eight months (since July 24, 2025) and that the investigation had culminated in the filing of charge sheets.

Applying the principle that bail is the rule and jail is the exception in the context of prolonged trials, the Court reasoned that since the trial is likely to take a significant amount of time to conclude, continued detention was not warranted.

The holding is subject to strict conditions: (i) the applicant must not seek adjournments when witnesses are present; (ii) he must appear at every hearing personally or through counsel; (iii) failure to appear may trigger proceedings under Section 209 BNS or Section 84 BNSS; and (iv) he must be personally present for the opening of the case, framing of charges, and recording of his statement under Section 351 BNSS.