01Facts
The applicants were arrested in Crime No. 02/2026, registered for alleged offences under Sections 308(6), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 66(C) and 66(D) of the Information Technology Act.
¶ 1The prosecution alleged that the complainant’s mother was subjected to a “digital arrest” through impersonation and threats, and was induced to transfer ₹1,04,80,000 to various bank accounts. The applicants’ alleged involvement arose from financial transactions and routing of the funds.
¶ 2They sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relying on parity with co-accused Rupendra Singh, who had been granted bail by the Supreme Court after his bail application was rejected by the High Court.
¶ 3The State opposed bail, citing the seriousness of the alleged cyber fraud, but did not dispute that Rupendra Singh had been granted bail.
¶ 402Issues
i.1. Whether the applicants should be granted regular bail, particularly on the ground of parity with co-accused Rupendra Singh, who had been granted bail by the Supreme Court.
¶ 3–6ii.2. Whether the filing of the charge-sheet, together with the circumstances of the case, supported release on bail.
¶ 603Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.
¶ 1The Court considered the nature and gravity of the alleged offences, parity with a co-accused who had been granted bail, and the fact that the charge-sheet had been filed in deciding whether to grant bail.
¶ 6Provisions in the judgment · 4 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 308Section 318Section 3
04Reasoning
The Court acknowledged the seriousness of the alleged organised cyber fraud and the applicants’ alleged role in the financial transactions and routing of the proceeds.
¶ 2, 4It nevertheless considered that co-accused Rupendra Singh had been granted bail by the Supreme Court, accepted the applicants’ submission that their case stood on a better footing, and noted that the charge-sheet had already been filed. On those circumstances, it found the ground of parity sufficient to grant bail, without expressing any view on the merits.
¶ 3–605Holding
The High Court allowed the bail application and directed that the applicants be released upon furnishing a personal bond of ₹50,000 each, with one surety in the like amount, to the satisfaction of the trial Court.
¶ 7The applicants must not induce, threaten or promise anything to persons acquainted with the case; must not act prejudicially to a fair and expeditious trial; and must attend every trial-court date until disposal of the case.
¶ 7(i)–(iii)Original Court PDF
RAHUL PRAKASH KAMDIvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
