Grant of bail for cheating based on period of detention and filing of charge-sheet.

The applicant, Jamin Khan, was arrested on December 26, 2025, in connection with Crime No. 289/2024 at Police Station Gandhinagar.

The complainant, Asha Bela Ekka, alleged that the applicant took Rs. 5,98,000/- from her in four installments under the false pretext of securing her a government job.

The applicant filed this First Bail Application seeking regular bail, noting that he has two criminal antecedents (Crime Nos. 197/2024 and 90/2024) and has been in custody since late 2025.

While the prosecution opposed the bail based on the gravity of the cheating allegations, it was noted that the charge-sheet has already been filed.

1. Whether the applicant is entitled to grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the period of detention and the status of the investigation.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court’s power to grant bail.

Section 420 of the Indian Penal Code regarding the offense of cheating and dishonestly inducing delivery of property.

Procedural compliance regarding arrest under Section 35(3) of the BNSS and consequences for non-appearance under Sections 84, 209, 269, and 351 of the BNSS and Bharatiya Nyaya Sanhita (BNS) were incorporated as conditions for bail.

The Court balanced the gravity of the allegations—obtaining significant funds under the guise of employment—against the procedural status of the case. It noted that the investigation was effectively complete as the charge-sheet had already been filed.

Although the applicant has a criminal history, the Court emphasized that he has been in jail since December 26, 2025, and that the trial is unlikely to conclude in the near future.

Given the period of detention and the fact that further custodial interrogation was not required following the filing of the charge-sheet, the Court found it fit to exercise its discretion in favor of the applicant.

The holding is that the applicant shall be released upon furnishing a personal bond with two sureties, subject to strict conditions: he must not seek unnecessary adjournments, must appear at all critical trial stages (framing of charges, recording of statements), and faces immediate revocation of bail and further proceedings under BNS/BNSS for any default.