01Facts
The applicant sought anticipatory bail regarding Crime No. 345/2025 involving a "digital arrest" scam.
pp. 1-2The complainant was deceived by individuals posing as SBI and Delhi Police officials, who alleged she was involved in money laundering.
¶ 2Inducing fear, they persuaded her to transfer ₹22,83,65,000/- to various bank accounts for "verification".
¶ 2The applicant’s bank account was identified in the money trail.
¶ 3The applicant argued his account was hacked and that he had reported the unauthorized transactions to the Cyber Crime Cell, while the State opposed the bail, noting that similar applications by co-accused persons had already been rejected.
¶ 3, 402Issues
i.Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the gravity of the financial fraud and the existing money trail.
p. 2 / para. 1, 603Law Applied
Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for the grant of anticipatory bail.
p. 2Sections 318(4) (cheating) and 3(5) (joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023.
p. 2In matters of serious economic offences and cybercrime, the nature and gravity of the accusations, the stage of investigation, and judicial parity (denial of bail to co-accused) are critical factors in exercising discretionary power.
pp. 3-4Provisions in the judgment · 3 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482
Bharatiya Nyaya Sanhita, 2023 Section 318Section 3
04Reasoning
The Court evaluated the gravity of the "digital arrest" fraud involving a massive sum of over ₹22 crores.
¶ 2, 6While the applicant claimed to be a victim of hacking and cited cooperation with the investigation, the Court emphasized the "money trail reflecting transfer of the defrauded amount through the applicant's bank account".
¶ 6The Court further noted that the investigation is ongoing.
¶ 6Applying the principle of consistency, the Court highlighted that anticipatory bail for co-accused persons, Mohd. Nazar and Mohd. Suhail, had been rejected by the same Court in MCRCA No. 783 of 2026 on 17.06.2026.
¶ 4, 6Consequently, the Court found the severity of the allegations and the applicant's link to the funds outweighed the arguments for personal liberty at this stage.
¶ 605Holding
The Court answered the issue in the negative, holding that the applicant is not entitled to anticipatory bail due to the serious nature of the offence and the ongoing investigation.
¶ 6The application under Section 482 of the BNSS was rejected.
¶ 7Original Court PDF
MIRZA ISMAEILvsSTATE OF CHHATTISGARH
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