Bail granted in SIM card fraud case involving forged biometrics despite one criminal antecedent.

The applicant, Roshan Lal Dewangan, was arrested on 06.08.2025 in connection with Crime No. 52/2025.

The prosecution alleged that in March 2024, the applicant, while selling SIM cards in village Tarighat, used the pretext of failed biometric transactions and took a live photo of the complainant, Balram Sahu, to activate a SIM card in the complainant's name without his consent.

This SIM was then allegedly sold to another person for illegal use.

Following an FIR, the applicant was charged under the IPC, IT Act, and Telecommunications Act.

The applicant moved the High Court for regular bail after the charge-sheet had been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of allegations and his period of incarceration.

The Court considered Sections 420 (Cheating), 467 (Forgery of valuable security), and 468 (Forgery for purpose of cheating) of the Indian Penal Code.

Section 66(C) of the Information Technology Act (Identity theft) was considered.

Section 42(3)(e) of the Telecommunications Act, 2003 was applied.

Procedurally, the application was governed by Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The court balanced the gravity of the offences and the applicant's criminal history against the fundamental right to liberty during a prolonged trial.

The Court weighed the prosecution's opposition, which focused on the gravity of the charges and the existence of one criminal antecedent, against the applicant's defense that he had been falsely implicated and that the investigation was complete as the charge-sheet had already been filed.

The Court noted that the applicant had been in custody since August 2025 and observed that the trial was likely to take a considerable amount of time to conclude.

Applying the principles of bail jurisprudence, the Court determined that continued pretrial detention was not warranted despite the prior record, provided the applicant adhered to strict conditions to ensure his presence during the trial.

The bail is subject to several conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence on specific trial dates (framing of charges, recording of statements), and penalties under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) for non-compliance or misuse of liberty.