Facts
The applicant was arrested on November 27, 2025, in connection with Crime No. 1401/2025 registered at Police Station Supela, Durg
Source reference: para 2, 3The prosecution alleged that the applicant, along with co-accused individuals, defrauded several investors of sums exceeding ₹46 lakhs by promising 4% monthly interest on forex trading and high returns on lucky draws
Source reference: para 2The complainant, Hirendra Nagdev, alleged financial and mental harm resulting from these fraudulent schemes
Source reference: para 2Following an investigation into organized economic crime, a charge-sheet was filed
Source reference: para 2The applicant sought regular bail, contending he was falsely implicated, had no criminal antecedents, and that the trial would be prolonged
Source reference: para 3Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the nature of the allegations and the progress of the trial
Source reference: para 1, 6Law Applied
The Court considered the provisions for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Source reference: para 1The applicant was charged under Sections 318(2) (Cheating), 318(4) (Cheating and dishonestly inducing delivery of property), 61(2) (Criminal Conspiracy), and 111(4) (Punishment for organized crime) of the Bharatiya Nyaya Sanhita (BNS)
Source reference: para 1, 2The Court relied on established judicial discretion regarding bail, prioritizing factors such as the completion of the investigation (filing of the charge-sheet), the period of incarceration already undergone, and the absence of prior criminal records
Source reference: para 6Reasoning
The Court examined the gravity of the allegations involving organized financial fraud against the procedural status of the case
Source reference: para 6It noted that the applicant had been in custody since November 27, 2025, and that the investigation had concluded with the filing of a charge-sheet, reducing the risk of tampering with evidence
Source reference: para 3, 6The Court specifically highlighted that the applicant has no prior criminal antecedents
Source reference: para 3, 6Recognizing that the trial was likely to be protracted, the Court determined that further detention was unnecessary
Source reference: para 6To mitigate the risk of absconding or trial delay, the Court integrated mandatory attendance requirements and penal consequences under Sections 209 and 269 of the BNS for any breach of bail liberty
Source reference: para 7Holding
The High Court allowed the First Bail Application and ordered the release of the applicant on bail upon furnishing a personal bond with two sureties
The Court held that the absence of criminal history, the completion of the investigation, and the anticipated length of the trial justified the grant of bail
Source reference: para 6The release is subject to strict conditions, including an undertaking not to seek unnecessary adjournments and mandatory personal appearance during key trial stages such as the framing of charges and recording of statements under Section 351 of the BNSS
Source reference: para 7Original Court PDF
MAHESH KUMAR SAHUvsSTATE OF CHHATTISGARH
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