Grant of bail for cyber fraud involving misuse of bank accounts despite previous criminal antecedents.

The applicant filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

He was arrested on November 13, 2025, in connection with Crime No. 323/2025 for allegedly inducing victims to provide bank accounts, ATM cards, and SIM cards for cyber fraud, resulting in a loss of Rs. 2,23,393/-

The applicant contended he was falsely implicated due to personal grudges and that the trial would be prolonged.

The State opposed the bail, citing the nature of the cyber fraud and the applicant’s two previous criminal antecedents.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, considering his period of incarceration, the nature of allegations, and his criminal antecedents

The Court considered the provisions of Sections 413 (habitually dealing in stolen property), 420 (cheating), and 120(b) (criminal conspiracy) of the Indian Penal Code (IPC) under which the FIR was registered

Procedurally, the application was governed by Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the power of the High Court to grant bail

The Court also referenced Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding non-appearance, and Sections 84 and 209 of the BNSS/BNS concerning proclamations and non-compliance with court orders

The Court balanced the gravity of the allegations involving online cheating and financial loss against the length of the applicant's judicial custody since November 13, 2025

Despite the State’s objection regarding the applicant’s two prior criminal antecedents and the fraudulent nature of the crime, the Court noted that the trial was likely to take a considerable period

Applying judicial discretion, the Court determined that the applicant met the threshold for release, provided stringent conditions were imposed to ensure his presence during the trial, such as the filing of undertakings against seeking adjournments and mandatory appearance at critical trial stages like the framing of charges

The Court held that the applicant is entitled to be released on bail upon furnishing a personal bond with two sureties

The release is subject to specific conditions: the applicant must not seek adjournments during witness testimony, must appear on all fixed dates, and must be present for the framing of charges and recording of statements under Section 351 of BNSS

Failure to comply permits the trial court to treat the default as an abuse of liberty and proceed under Section 209 of the BNS