Conditional bail granted in cyber fraud case on grounds of parity and phased monetary deposit.

The applicant filed a third bail application regarding Crime No. 302/2025 registered at Police Station Satwas, District Dewas.

The prosecution alleged that the applicant was part of a cyber fraud syndicate that targeted a retired principal on 24.06.2025 where the victim was placed under a "digital arrest" by individuals impersonating police and CBI officials, who coerced him into transferring Rs. 20,81,382/- via RTGS under the fear of money laundering charges.

The applicant has been in custody since 02.08.2025, and his two previous bail applications were dismissed in October 2025 and January 2026.

The applicant sought bail citing parity with co-accused Rahul (granted bail in May 2026) and the completion of the investigation.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, based on the principle of parity and the duration of incarceration.

2. Whether specific monetary conditions should be imposed as a prerequisite for release to balance the interests of justice given the gravity of the cyber fraud.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Cr.P.C.), which governs the power of the High Court to grant bail.

The court also considered the conditions of bail enumerated under Section 437(3) of the Cr.P.C./BNSS to ensure the accused's appearance during trial.

Additionally, the court applied the principle of parity, which suggests that similarly situated accused persons should be treated equally regarding the grant of discretionary relief.

The court examined the rival submissions, noting the gravity of the offense involving a significant "digital arrest" fraud.

The court found merit in the applicant’s plea for parity, as co-accused Rahul had already been enlarged on bail in a similar context.

The court noted that the applicant had been in custody for nearly a year (since August 2025), the investigation was complete, and the charge-sheet had been filed, suggesting that the conclusion of the trial would take considerable time.

To mitigate the State's concerns regarding the nature of the economic offense, the court adopted a "phased manner" approach for bail, conditioning the release on a "under protest" voluntary deposit of Rs. 2,50,000/- to be kept in fixed deposits subject to the final outcome of the trial.

The court directed the applicant’s release upon furnishing a personal bond of Rs. 50,000/- with one surety and the following financial conditions: (i) deposit of Rs. 1,00,000/- in a nationalized bank FD before release, and (ii) deposit of the remaining Rs. 1,50,000/- in three equal monthly installments of Rs. 50,000/- following release.

The court held that if any terms are violated, the trial court maintains the authority to cancel the bail.