01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after being arrested in connection with a case alleging offences 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.
¶ 1The complainant alleged that she invested ₹17,21,100 in a stock-trading scheme through the FINSOL application after joining a WhatsApp group; after she sought a refund, co-accused persons were arrested and, on the basis of their memorandum statements, the applicant and others were implicated.
¶ 2The applicant relied on amounts recovered or refunded to the complainant, the absence of prior criminal antecedents, the filing of the charge-sheet, and his custody since 29 May 2026.
¶ 3The State opposed bail, while the complainant’s counsel acknowledged the refunds described by the applicant.
¶ 4–502Issues
i.Whether the applicant should be released on regular bail pending trial, having regard to the circumstances of the case.
¶ 1, 6–7ii.Whether bail should be subject to conditions protecting the fairness and progress of the trial.
¶ 803Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.
¶ 1The Court assessed the application by reference to the circumstances identified in its order, including completion of the investigation and filing of the charge-sheet, the applicant’s criminal antecedents, custody, refunds made to the complainant, and the likely time required to conclude the trial.
¶ 7No precedent was cited.
Provisions 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 prior criminal antecedents, and he had been in custody since 29 May 2026.
¶ 7It also took account of the refunds: the applicant and three co-accused had each paid ₹1,80,000 by bank draft, and the complainant had received a further ₹3,90,000 through supurdnama.
¶ 7Given these circumstances and the likelihood of delay before trial concluded, the Court found it appropriate to grant bail without expressing any view on the merits.
¶ 7It imposed conditions against witness inducement or interference with a fair and expeditious trial, and required attendance at each trial-court date.
¶ 805Holding
The bail application was allowed.
¶ 8The applicant was directed to be released on executing a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the concerned trial court, subject to the stated conditions.
¶ 8The Court clarified that its observations were confined to the bail application and that the trial court must decide the case on its own merits.
¶ 9Original Court PDF
SHISHIR RATHOREvsSTATE OF CHHATTISGARH
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