Facts
The applicant, an authorized Point of Sales (POS) operator of "Mishri Mobile Shop," was arrested on 08.10.2025 following a report from the Police Headquarters regarding the fraudulent issuance of SIM cards
Source reference: p. 2Investigations revealed that the applicant allegedly misused identity documents and photographs of individuals without their consent to activate 121 SIM cards, which were then sold to third parties for use in cyber crimes
Source reference: p. 2The applicant’s first bail application was rejected on 23.02.2026 due to the gravity of the allegations
Source reference: p. 3This second bail application (under Section 483 BNSS) is filed on the grounds of prolonged incarceration (since October 2025), the filing of the charge-sheet, and the lack of progress in the trial, noting that none of the 57 listed witnesses have been examined
Source reference: p. 3Issues
1. Whether the applicant is entitled to regular bail highlighting the delay in trial and prolonged pretrial detention despite the gravity of the alleged cyber-related offenses
Source reference: p. 3, para 3; p. 4, para 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Source reference: p. 1Section 318(4) of the Bharatiya Nyaya Sanhita (BNS) [cheating and dishonestly inducing delivery of property] and Section 42(3)(e) of the Telecommunications Act
Source reference: p. 2The court balanced the seriousness of the allegations (misuse of 121 identities for cybercrime) against the fundamental right to an expeditious trial and the principle that bail is the rule when trial delay is evident
Source reference: p. 4, para 6Reasoning
The Court acknowledged that while the initial bail was rejected due to "specific and serious allegations" regarding the fraudulent activation of 121 SIM cards, a change in circumstances warranted a fresh look.
Source reference: p. 3-4The Court noted that the applicant has been in jail since 08.10.2025 and that the trial's progress is significantly stalled, with 57 witnesses yet to be recorded
Source reference: p. 4Despite the State’s opposition based on the nature of the crime and its links to international cyber offenses, the Court found that the completion of the investigation (filing of the charge-sheet) and the applicant’s lack of criminal antecedents outweighed the risks of release
Source reference: p. 4Consequently, the Court determined that further detention during a prolonged trial was unnecessary
Source reference: p. 4Holding
The High Court allowed the application and directed the release of Mishri Lal Gupta on regular bail subject to a personal bond with two sureties
The holding is conditioned upon the applicant's strict adherence to trial schedules (Section 269 BNS and Section 351 BNSS) and a prohibition against seeking unnecessary adjournments
Source reference: p. 5-6The Court further directed the trial court to conclude the proceedings expeditiously, preferably within eight months
Source reference: p. 6Original Court PDF
MISHRI LAL GUPTAvsSTATE OF CHHATTISGARH
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