Regular bail granted to cyber-fraud accused where charge-sheet is filed and trial conclusion remains pending.

The complainant, P.C. Suryakumar, alleged he was induced via Facebook and phone calls to invest in platforms named “Semco” and “5Paisa App.” Following these inducements, he deposited a total of Rs. 50,48,206/- into three different applications but was subsequently unable to withdraw the funds

Consequently, Crime No. 147/2025 was registered at Police Station Balod for fraud-related offenses. The four applicants—Soyal Shaikh, Prem Jadhaw, Gaurav Ganesh Jadhaw, and Kunal Ahiwad—were arrested between September and December 2025

They sought first regular bail after the investigation was completed and the charge sheet was filed

1. Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the filing of the charge sheet and their duration of pre-trial detention

The Court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court or Court of Session to grant bail

It adhered to the judicial principle that pre-trial punishment should be avoided and that the completion of an investigation (filing of the charge sheet) significantly reduces the risk of tampering with evidence

The Court also referenced procedural conditions for bail conduct under Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS to ensure the applicants' presence during trial

The Court evaluated the nature and gravity of the offenses alongside the procedural status of the case. It noted that the charge sheet had already been filed by the prosecution, indicating that the investigation was largely complete and the risk of the applicants obstructing the process was minimal

Reference was made to a previous order-sheet dated 26.02.2026, which had anticipated a review of the bail plea in late April based on the duration of the applicants' custody. Considering that two applicants had only one criminal antecedent each while the other two had none, and recognizing that the trial would take considerable time to conclude, the Court determined that further indefinite detention would be inequitable

The holding directs their release upon furnishing a personal bond with two local sureties each. The relief is subject to several conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on all trial dates unless excused; and (iii) strict compliance with Sections 209 and 351 of the BNSS regarding the framing of charges and recording of statements