Facts
The applicant filed a First Bail Application after being arrested on July 3, 2025, in connection with Crime No. 249/2025
Source reference: para. 1, 3The prosecution alleged that the applicant, along with co-accused Narender Kurre, facilitated cyber fraud by providing his Bank of Maharashtra and Axis Bank accounts, ATM cards, and SIM cards to fraudsters for illegal financial gain
Source reference: para. 2Investigation revealed approximately ₹48,000/- was transacted through the applicant's accounts across four specific complaints
Source reference: para. 3, 6The applicant sought bail on the grounds of parity with the main accused and the length of his pretrial detention
Source reference: para. 3Issues
1. Whether the applicant is entitled to regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) considering the nature of the evidence and the principle of parity.
Source reference: para. 7Law Applied
The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail
Source reference: para. 1The applicant was charged under Sections 317(4) (stolen property), 318(2) (cheating), and 61(2)(A) (criminal conspiracy) of the Bharatiya Nyaya Sanhita (BNS), alongside Section 66(d) of the Information Technology Act (personation for cheating)
Source reference: para. 1The court also applied the principle of parity, referencing the grant of bail to the main accused in MCRC No. 9117 of 2025
Source reference: para. 3, 7Reasoning
The Court examined the Investigating Officer’s affidavit, which confirmed that while cyber fraud occurred, the specific transaction amount attributed to the applicant's bank accounts was limited to ₹48,000
Source reference: para. 6, 7The Court noted that the applicant had no prior criminal antecedents and had already been incarcerated since July 3, 2025
Source reference: para. 4, 7Recognizing that the trial had only seen 7 out of 16 witnesses examined and was unlikely to conclude soon, the Court found the applicant's situation comparable to the main accused who had already been granted bail
Source reference: para. 3, 7Consequently, applying judicial discretion in favor of liberty, the Court determined that further detention was unnecessary
Source reference: para. 7Holding
The holding was based on the applicant's lack of criminal history, the limited financial quantum involved in his specific role, and the grant of bail to the co-accused
The High Court allowed the bail application and ordered the release of the applicant on personal bond with two sureties
Source reference: para. 8Relief was granted subject to strict conditions, including mandatory attendance at trial on all dates and prohibited use of adjournments when witnesses are present
Source reference: para. 8(i)-(iv)Original Court PDF
ANAND KURREvsSTATE OF CHHATTISGARH
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