01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 37/2025, registered for alleged offences under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 66-D of the Information Technology Act, 2000.
¶ 1The prosecution alleged that he told the complainant he had won a lottery for a Pulsar motorcycle and obtained Rs. 47,850 as processing fees.
¶ 2The applicant submitted that he had refunded the entire amount, that the charge-sheet had been filed, and that he had been in custody since 17 August 2026; the State opposed bail, noting two criminal antecedents, while acknowledging the refund.
¶ 3–5This was the applicant’s first bail application.
¶ 102Issues
i.Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the allegations, refund, criminal antecedents, and stage of the proceedings.
¶ 1, 3–703Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.
¶ 1In deciding the application, the Court considered the nature and gravity of the alleged offence, the refund of the complainant’s money, the applicant’s criminal antecedents, the filing of the charge-sheet, and the period spent in custody.
¶ 7The order cites no precedent.
Provisions in the judgment · 3 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 318Section 319
04Reasoning
The Court weighed the allegation that the applicant obtained Rs. 47,850 through a lottery-related deception against the fact that the full amount had been refunded and received by the complainant.
¶ 2, 5, 7It also considered the applicant’s two antecedents from 2022 and 2025, but noted that the charge-sheet had been filed, the applicant had remained in custody since 17 August 2026, and the trial was likely to take time.
¶ 3, 7On the totality of these circumstances, and without commenting further on the merits, the Court found it appropriate to grant bail.
¶ 705Holding
The High Court allowed the bail application.
¶ 8It directed that the applicant be released on executing a personal bond of Rs. 50,000 with one surety for the like sum, to the satisfaction of the trial Court.
¶ 8Bail was subject to conditions that he not threaten or induce persons acquainted with the case facts, not prejudice a fair and expeditious trial, and attend every hearing until disposal of the trial.
¶ 8Original Court PDF
YASHPAL SINGH YADAVvsSTATE OF CHHATTISGARH
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