Facts
The applicant filed a first bail application regarding his arrest on December 19, 2025, in connection with Crime No. 05/2024
Source reference: p. 1-2The case originated from a July 10, 2024, FIR involving an unauthorized online financial transaction
Source reference: p. 2Investigation revealed that Rs. 50,000/- of the defrauded amount was traced to an ICICI Bank account registered to the applicant and linked to his mobile number
Source reference: p. 2, 4The prosecution alleged that the applicant confessed to receiving the proceeds of the crime and was part of a criminal syndicate involved in cyber fraud
Source reference: p. 3-4The applicant contended he was falsely implicated and that no direct evidence linked him to the fraud other than the bank transaction
Source reference: p. 2-3Issues
Whether, under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the applicant is entitled to regular bail despite the recovery of defrauded funds from his bank account and allegations of involvement in an organized cybercrime syndicate
Source reference: p. 2, 4-5Law Applied
The Court considered Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant bail
Source reference: p. 2It also applied Sections 420 (cheating) and 34 (common intention) of the Indian Penal Code (IPC)
Source reference: p. 2The court prioritized the principle that in serious economic offences involving deep-rooted conspiracies and misappropriation of public money, the nature and gravity of the offence are paramount considerations for bail
Source reference: p. 4-5Reasoning
The Court analyzed the incriminating evidence provided in the Investigating Officer’s affidavit, noting that the applicant’s bank account (No. 328505000137) was directly linked to the cyber fraud
Source reference: p. 3-4While the defense argued that investigation was complete and the applicant lacked criminal antecedents, the Court emphasized the "serious character" of the economic offence and the alleged "criminal syndicate" the applicant operated within
Source reference: para. 9-10The Court reasoned that the recovery of the defrauded amount from the applicant's account established a prima facie link to the offence
Source reference: p. 5Furthermore, it observed that granting bail to individuals connected to organized gangs could lead to recidivism and negatively impact the prosecution
Source reference: para. 10Holding
The Court held that no case for bail was made out at this stage due to the gravity of the allegations and the material evidence collected
The application was rejected, though the trial court was directed to proceed and conclude the trial expeditiously
Source reference: p. 5Original Court PDF
KAWALJEET SINGH VIGvsSTATE OF CHHATTISGARH
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