Conditional bail granted in cyber fraud case involving "digital arrest" subject to phased monetary deposit.

The applicant, Rahul, filed a second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 Cr.P.C.)

The prosecution alleged that the applicant was part of a cyber-fraud syndicate that placed a retired school principal under "digital arrest" by impersonating police and CBI officials, inducing him to transfer approximately Rs. 20,81,382/-

The applicant's specific role involved procuring the bank account of co-accused Sophan to receive the embezzled funds

While Rs. 21,000/- was seized from the applicant, his disclosure memo indicated involvement in respect of Rs. 5,00,000/-

The applicant has been in custody since September 2, 2025

1. Whether the applicant is entitled to bail considering the nature of the allegations, the duration of incarceration, and his willingness to deposit a portion of the defrauded amount

2. Whether the court can impose a condition for the deposit of money in a phased manner as a prerequisite for bail in a cyber-fraud case

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (alternatively Section 439 of the Cr.P.C., 1973), which governs the special powers of the High Court regarding bail

Sections 318(4) (cheating), 319(2), 338, 336(3), and 340(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 66D of the Information Technology Act (punishment for cheating by personation by using computer resource)

the principle of "proportionality and interest of justice" to balance the rights of the accused with the recovery of defrauded funds

The court observed that while the total fraud exceeded Rs. 20 Lakhs, the applicant’s specific involvement, as per the disclosure memo, was limited to approximately Rs. 5,00,000/- involving the procurement of a co-accused’s bank account

The court noted the applicant's willingness to deposit Rs. 2,50,000/- under protest and considered his period of custody since September 2025

Since the trial was expected to take a significant amount of time, the court determined that bail could be granted in a "phased manner" to secure the victim's interest without pre-judging the merits of the case

The court reasoned that a conditional release, tied to the deposit of funds in a fixed deposit (subject to the trial's outcome), served the interests of justice

The holding directed the applicant's release on furnishing a personal bond of Rs. 25,000/- with one surety, subject to the condition that he deposits a total of Rs. 2,50,000/- in a nationalized bank as a fixed deposit. Specifically, Rs. 1,00,000/- must be deposited before release, and the remaining Rs. 1,50,000/- in three equal monthly installments of Rs. 50,000/- post-release