Facts
The applicant, Anish Giri, was arrested on November 18, 2025, in connection with Crime No. 649/2025 for allegedly defrauding a shopkeeper, Sujeet Mondal
Source reference: para. 2The prosecution alleged that on November 1, 2025, the applicant induced the complainant to receive ₹1,00,000/- (initially stated as ₹60,000/- in the complaint) into his account on the pretext of a faulty ATM card, then took the equivalent amount in cash
Source reference: paras. 2, 4The transaction was later flagged as fraudulent, leading to the freezing of the complainant's account
Source reference: para. 2Investigation revealed the applicant was the "main operator" of an organized cyber fraud syndicate that routed proceeds of crime through multiple accounts
Source reference: para. 4The applicant sought regular bail, claiming false implication and no risk of absconding
Source reference: para. 3Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the allegations of organized cyber fraud and existing criminal antecedents
Source reference: paras. 1, 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail
Source reference: para. 1Section 318(4) of the Bhartiya Nyaya Sanhita (BNS), 2023, which pertains to cheating
Source reference: para. 1Section 66(C) of the IT Act, 2000, in the context of the applicant's criminal history
Source reference: para. 4The primary legal principles applied involve the gravity of the offense, the role of the accused in an organized syndicate, the risk of tampering with digital evidence, and the potential impact on public confidence in the financial system
Source reference: para. 6Reasoning
The Court evaluated the evidence presented by the State, including CCTV footage identifying the applicant and digital evidence recovered from his mobile phone, which corroborated large-scale illegal financial transfers
Source reference: paras. 4, 6The Court noted that the applicant appeared to be a "beneficiary of an organized cyber fraud syndicate" utilizing deceptive means to route proceeds of crime
Source reference: para. 6Despite the applicant’s claim of no criminal history, the Investigating Officer’s affidavit confirmed prior criminal antecedents (Crime No. 18/2025 in Bihar)
Source reference: paras. 3, 4The Court reasoned that the organized nature of the crime and its wider ramifications on the financial system outweighed the applicant's plea for liberty. Furthermore, the Court found a "reasonable apprehension" that the applicant might tamper with digital evidence or influence witnesses if released
Source reference: para. 6Holding
The Court answered the issue in the negative and rejected the bail application
The Court held that given the gravity of the offence, the applicant's central role in a fraud syndicate, and the risk of reoffending or evidence tampering, bail was not warranted at this stage
Source reference: para. 6The trial court was directed to proceed and conclude the trial expeditiously
Source reference: para. 8Original Court PDF
ANISH GIRIvsSTATE OF CHHATTISGARH
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