01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 318(4), 61(2), 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the Information Technology Act, 2000.
¶ 1The complainant alleged that, after joining an investment plan through the FINSOL application, she transferred ₹17,21,100 and was unable to obtain a refund. The applicant was implicated following the arrest and memorandum statements of co-accused persons.
¶ 2The applicant relied on refunds made to the complainant, the absence of criminal antecedents, the filing of the charge-sheet, his custody since 1 June 2026, and the likely length of the trial.
¶ 3The State opposed bail; the complainant’s counsel acknowledged the refunds.
¶ 4–502Issues
i.Whether the applicant should be enlarged on regular bail under Section 483 of the BNSS, having regard to the circumstances of the case.
¶ 1, 6–7ii.If bail is granted, what conditions should govern the applicant’s release.
¶ 803Law Applied
Section 483 of the BNSS empowers the High Court or Court of Session to grant bail.
¶ 7The Court exercised that power by considering the circumstances relevant to the application, including completion of the investigation and filing of the charge-sheet, criminal antecedents, custody, the anticipated duration of trial, and the refunds made to the complainant.
¶ 7The alleged offences were under Sections 318(4), 61(2), 317(4) and 3(5) of the BNS and Section 66D of the Information Technology Act.
¶ 1The order cites no precedent and makes no determination of the merits of those allegations.
¶ 9Provisions in the judgment · 5 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 318Section 61Section 317Section 3
04Reasoning
The Court considered that the charge-sheet had been filed, the applicant had no previous criminal antecedents, and he had been in custody since 1 June 2026.
¶ 7It also took account of the ₹1,80,000 refund made by the applicant and three co-accused persons individually, the further ₹3,90,000 secured by the complainant through the trial court, and the likelihood that the trial would take considerable time.
¶ 7On those combined circumstances, and without commenting on the merits, the Court found it appropriate to grant bail.
¶ 705Holding
The Court allowed the bail application.
¶ 7–8It directed that the applicant be released on executing a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial court.
¶ 7–8The applicant must not intimidate or influence persons acquainted with the case, must not prejudice a fair and expeditious trial, and must attend each trial date until disposal.
¶ 8The trial court was directed to decide the case on its own merits.
¶ 9Original Court PDF
RAJAT TOMARvsSTATE OF CHHATTISGARH
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