Chhattisgarh High Court
Criminal Procedure and EvidenceCriminal Law

Bail Granted in Alleged Cyber-Fraud Case After Charge-Sheet Filing, Prolonged Custody, and Co-Accused Parity.

SHUBHAM SHRIVASTAVA @ MONTI LALA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Bail Granted in Alleged Cyber-Fraud Case After Charge-Sheet Filing, Prolonged Custody, and Co-Accused Parity.. SHUBHAM SHRIVASTAVA @ MONTI LALA vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging that persons impersonating CBI officers induced the complainant’s family to transfer ₹54,90,000; the applicant was alleged to have withdrawn ₹9,00,000 transferred to a co-accused’s account.

Source reference: paras. 1–5

He was charged under Sections 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66-D of the Information Technology Act, 2000.

Source reference: paras. 1–5

His first bail application was withdrawn with liberty to renew; his second was rejected on merits.

Source reference: paras. 1–5

By this third application, the charge-sheet had been filed, the applicant had been in custody since 14 June 2025, and five co-accused had been granted bail.

Source reference: paras. 1–5
02

Issues

Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations, custody, and stage of the proceedings

Source reference: paras. 6–8

Whether the earlier rejection of the applicant’s second bail application precluded bail on this application

Source reference: paras. 2, 5, 7–8
03

Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant bail.

Source reference: para. 7

In exercising that power, the Court considered the nature and gravity of the allegations, the applicant’s criminal antecedents, the filing of the charge-sheet, the period of custody, parity with co-accused, and the likely duration of trial.

Source reference: para. 7

The alleged offences were under Sections 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66-D of the Information Technology Act, 2000.

Source reference: para. 1

No precedent or separate legal test was cited.

Source reference: no citation
04

Reasoning

Although the prosecution alleged that the applicant withdrew ₹9,00,000 of the proceeds, the Court also noted that the charge-sheet had been filed, the applicant had no criminal antecedents, he had been in custody since 14 June 2025, and other co-accused had been released on bail.

Source reference: para. 7

Considering these circumstances and the likelihood that the trial would take time, the Court granted bail without expressing any view on the merits.

Source reference: para. 7

The prior rejection of the second application did not prevent the Court from granting relief on the present application.

Source reference: paras. 2, 7–8
05

Holding

The Court allowed the third bail application.

It directed that the applicant be released on executing a personal bond of ₹50,000 with one surety for the like sum, subject to conditions against influencing persons acquainted with the case, prejudicing a fair and expeditious trial, and requiring attendance at each trial-court hearing until the trial concludes.

Source reference: para. 8
06

Acts & Sections Cited

6 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Chhattisgarh High Court

Original Court PDF

SHUBHAM SHRIVASTAVA @ MONTI LALAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 05, 2026

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