Facts
The applicant, a government teacher, was arrested on 29.09.2025 in connection with Crime No. 395/2025 for allegedly inducing a colleague to invest Rs. 1,50,000/- in the share market under false pretenses.
Source reference: paras. 1–2While initial returns were paid, the applicant subsequently failed to return the principal amount or further interest.
Source reference: para. 2The applicant contended he was a fellow victim who lost his own money in the market and that the investments were made voluntarily by the complainants without inducement.
Source reference: para. 3Following the completion of the investigation and the filing of the charge-sheet, the applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Source reference: paras. 1, 3Issues
Whether the applicant is entitled to the grant of regular bail considering his status as a government servant, the duration of his incarceration, and the completion of the investigation.
Source reference: paras. 6–7Law Applied
The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the grant of regular bail.
Source reference: para. 1The substantive offense was considered under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, which pertains to cheating and dishonestly inducing delivery of property.
Source reference: para. 1The court also referenced Sections 84, 209, 269, and 351 of the BNS/BNSS framework regarding procedural compliance and the consequences of misusing the liberty of bail.
Source reference: para. 7Reasoning
The Court weighed the gravity of the allegations involving the cheating of multiple investors against the procedural status of the case.
Source reference: no citationIt noted that the applicant had been in custody since 29.09.2025 and that the investigation was complete, as evidenced by the filing of the charge-sheet.
Source reference: para. 6The Court observed that the evidence was largely documentary in nature, reducing the risk of tampering.
Source reference: para. 6Furthermore, the Court took into account the applicant’s clean criminal record and his professional status as a government teacher, concluding that the trial would likely be prolonged and that further pretrial detention was unnecessary.
Source reference: para. 6Holding
The Court allowed the bail application, holding that the applicant was entitled to be released on regular bail upon furnishing a personal bond with two sureties.
The release was made subject to strict conditions, including an undertaking not to seek unnecessary adjournments.
Source reference: para. 7(i)mandatory appearance on all trial dates.
Source reference: para. 7(ii)and personal presence during specific trial milestones like the framing of charges and recording of statements under Section 351 of the BNSS.
Source reference: para. 7(iv)Any violation of these conditions allows the trial court to treat the default as an abuse of liberty.
Source reference: para. 7Original Court PDF
Sanjay Kumar Gupta v. State of Chhattisgarh [2026:CGHC:10769]
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