Filing of charge-sheet and prolonged incarceration justify regular bail in cheating and forgery cases.

The complainant, Anand Shukla, alleged that the applicant, acting as the Director of "Soul Art of Finance Company Pvt. Ltd.," induced him to invest in Fixed Deposit Receipts (FDRs) by demanding 25% of a Rs. 50,00,000 sum

Between January and February 2025, the complainant transferred a total of Rs. 10,20,000 to the applicant’s company and personal accounts via RTGS and UPI

It is alleged that the applicant issued forged tax documents and fake bond papers to the complainant

Following an investigation into FIR No. 280/2025, the applicant was arrested on September 12, 2025, and a charge-sheet was subsequently filed

The applicant argued that the matter was a civil business dispute and cited medical needs following a 2011 orthopedic surgery

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the filing of the charge-sheet and the duration of his incarceration

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant regular bail

Sections 318(4) (Cheating), 338 (Forgery), 336(3) (Forgery of valuable security), 340(2) (Using forged document as genuine), and 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS)

Procedural compliance under Sections 84 (Proclamation), 209 (Failure to appear), 269 (Non-attendance), and 351 (Record of evidence) of the BNSS/BNS framework

The Court evaluated the gravity of the allegations alongside the procedural status of the case. It noted that the investigation was complete and the charge-sheet had already been submitted to the competent trial court

While the State opposed bail on the grounds of a single criminal antecedent, the Court found that the applicant had been in custody since September 12, 2025. Given that the trial was expected to take considerable time to conclude, the Court reasoned that continued pretrial detention was not warranted under the circumstances

The bail is contingent upon several conditions: the applicant must not seek adjournments during witness testimony, must appear personally during the framing of charges and recording of statements under Section 351 BNSS, and must comply with all court dates or face proceedings for abuse of liberty under the BNS. The trial court was directed to be notified immediately for compliance