Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 132/2026, registered for alleged offences under Sections 317(4), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The prosecution alleged that the applicant and co-accused induced the complainant to invest ₹10,000 in a share-market and cryptocurrency scheme, promising a return of ₹1,00,000.
Source reference: para. 1–2The applicant submitted that he had refunded the ₹10,000, had no criminal antecedents, had been in custody since 19 July 2026, and that co-accused Mukesh Gupta had been granted bail.
Source reference: para. 3The State opposed the application.
Source reference: para. 4Issues
Whether the applicant should be released on regular bail under Section 483 of the BNSS, 2023, having regard to the circumstances of the case.
Source reference: para. 1, 5–6Law Applied
Section 483 of the BNSS, 2023, empowers the High Court to grant regular bail.
Source reference: para. 6In exercising that discretion, the Court considered the resolution of the dispute and refund of the amount, the applicant’s custody and lack of criminal antecedents, the likely time required to conclude the trial, and parity with a co-accused who had been granted bail.
Source reference: para. 6The alleged offences were under Sections 317(4), 318(4) and 61(2) of the BNS; the order did not interpret those provisions.
Source reference: para. 1Reasoning
The Court found that the complainant had received repayment of ₹10,000 and that the dispute had been resolved.
Source reference: para. 6It also took into account the applicant’s custody since 19 July 2026, absence of criminal antecedents, the anticipated delay in concluding the trial, and the grant of bail to co-accused Mukesh Gupta.
Source reference: para. 6Considering these circumstances together, the Court concluded that the applicant was entitled to bail.
Source reference: para. 6Holding
The Court allowed the bail application.
It directed that the applicant be released upon furnishing a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court, subject to conditions against influencing persons acquainted with the case, prejudicing a fair and expeditious trial, and non-appearance before the trial Court.
Source reference: para. 6–7The Court clarified that its observations were limited to the bail application and would not affect the trial Court’s independent decision on the merits.
Source reference: para. 8Acts & Sections Cited
4 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20233
Original Court PDF
KANTA PRASADvsSTATE OF CHHATTISGARH
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