01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for alleged offences under Sections 318(4), 61(2), 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of the Information Technology Act.
¶ 1The complainant alleged that she invested ₹17,21,100 in a stock-trading scheme through the FINSOL application after joining a WhatsApp group.
¶ 1–5The applicant and other accused were implicated in the case; the applicant had been in custody since 30 May 2026, and the charge-sheet had been filed.
¶ 1–5The applicant had two similar criminal antecedents registered in Telangana.
¶ 1–5The complainant had received ₹3,90,000 through a court-ordered supurdnama and ₹1,80,000 each from the applicant and three co-accused by bank drafts.
¶ 1–502Issues
i.Whether the applicant should be released on regular bail under Section 483 of the BNSS, having regard to the charge-sheet, custody, criminal antecedents, repayments, and likely duration of trial.
¶ 3–7ii.If bail is granted, what conditions should govern the applicant’s release.
¶ 803Law Applied
The application was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the basis for the High Court’s consideration of regular bail.
¶ 1The alleged offences were under Sections 318(4), 61(2), 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of the Information Technology Act.
¶ 1The Court cited no precedent or further doctrinal test; it assessed the circumstances relevant to the bail application, including completion of investigation, custody, antecedents, repayment, and anticipated trial delay.
¶ 7Provisions 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 weighed the seriousness of the alleged fraud and the applicant’s two similar antecedents against the fact that the charge-sheet had been filed, the applicant had been in custody since 30 May 2026, and the trial was likely to take considerable time.
¶ 7It also considered the repayments made to the complainant, including the amounts recovered through supurdnama and paid by bank drafts.
¶ 7On that balance, and without expressing any view on the merits, the Court found it appropriate to grant bail.
¶ 705Holding
The Court allowed the bail application.
¶ 7–9It directed the applicant’s release on a personal bond of ₹50,000 with one surety in the like amount, to the satisfaction of the trial Court.
¶ 7–9The applicant must not induce, threaten, or promise anything to persons acquainted with the facts; must not prejudice a fair and expeditious trial; and must attend each hearing until disposal of the case.
¶ 7–9The Court clarified that its observations were limited to the bail application and that the trial Court must decide the case on its own merits.
¶ 7–9Original Court PDF
MUKESH KUMAR DASvsSTATE OF CHHATTISGARH
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