Facts
The applicant, a 63-year-old owner of a computer typing shop, was arrested in connection with Crime No. 420/2025
Source reference: para 1-2The prosecution alleges that the main accused persons conspired to defraud individuals by promising government employment in exchange for money
Source reference: para 2The applicant was implicated on the grounds that he assisted the co-accused by preparing forged documents at his shop, leading to the seizure of his computer equipment
Source reference: para 2The applicant has been in custody since October 3, 2025, and a charge-sheet has already been filed
Source reference: para 2-3The applicant maintains he has no criminal antecedents and was merely performing his professional duties as a shopkeeper without knowledge of the alleged fraud
Source reference: para 3Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the nature of the evidence and the stage of the proceedings
Source reference: para 1, 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail
Source reference: para 1The substantive offences alleged fall under Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using forged document as genuine), 120(B) (criminal conspiracy), and 34 (common intention) of the Indian Penal Code (IPC)
Source reference: para 1The court also applied the general principle that bail may be granted considering the period of incarceration, the filing of the charge-sheet, and the absence of criminal antecedents
Source reference: para 6Reasoning
The court examined the facts and circumstances, noting that the applicant is a senior citizen with no prior criminal record
Source reference: para 3, 6It observed that the investigation is complete and the charge-sheet has been filed, rendering further custodial interrogation unnecessary
Source reference: para 4, 6The court highlighted that the applicant has been in jail since October 3, 2025, and that the conclusion of the trial is likely to take significant time
Source reference: para 6It further considered the applicant's argument that there was no direct evidence or witness statements attributing a specific fraudulent role to him, nor was there evidence of financial benefit or participation in the conspiracy beyond the alleged preparation of documents at his place of business
Source reference: para 3Holding
The High Court allowed the bail application, holding that the applicant is entitled to be released on bail
The court ordered his release upon furnishing a personal bond with two local sureties, subject to several conditions: (i) the applicant must not seek unnecessary adjournments; (ii) he must remain present on all trial dates; (iii) he must appear for specific trial milestones such as the framing of charges and recording of statements under Section 351 of BNSS; and (iv) any misuse of liberty may lead to the cancellation of bail
Source reference: para 7Original Court PDF
MAHESH HERAOUvsSTATE OF CHHATTISGARH
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