Chhattisgarh High Court

Regular bail granted where charge-sheet is filed and trial delay is likely, notwithstanding criminal antecedents.

AAYUSH KUMAR RAI vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 01, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants filed a First Bail Application following their arrest in connection with Crime No. 356/2024 registered at Police Station Range Cyber Thana Sarguja

Source reference: para. 1

The prosecution alleges that the complainant’s son, while seeking to open an HP Gas agency, was defrauded by individuals posing as officials of "LPG VITRAK CHAYAN"

Source reference: para. 2

Between April 16 and April 19, 2024, the victim received fraudulent calls and emails promising agency approval, which induced the complainant to deposit a total of ₹13,76,200 into specified bank accounts at IDBI and Punjab National Bank

Source reference: para. 2

The applicants have been in custody since November 17, 2025, and a charge-sheet has already been filed in the matter

Source reference: para. 3
02

Issues

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the completion of the investigation and the duration of their pretrial detention

Source reference: para. 1, 6
03

Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

Source reference: para. 1

Sections 419 (cheating by personation), 420 (cheating), and 34 (common intention) of the Indian Penal Code (IPC), and Sections 66(C) and 66(D) of the Information Technology Act, which address identity theft and cheating by personation using computer resources

Source reference: para. 1

The Court invoked procedural conditions for bail maintenance under Sections 84, 209, 269, and 351 of the BNSS to ensure the applicants' participation in the trial

Source reference: para. 7
04

Reasoning

The Court evaluated the gravity of the allegations against the current stage of the legal proceedings.

Source reference: para. 4, 6

While the State opposed bail by highlighting the criminal antecedents of the applicants—specifically two prior cases for applicants 1, 3, and 4, and one for applicant 2—the Court noted that the investigation was complete as the charge-sheet had been filed

Source reference: para. 4, 6

The Court reasoned that since the applicants had been incarcerated since November 2025 and the trial was expected to take a considerable amount of time to conclude, continued detention was not warranted

Source reference: para. 6

The Court balanced the nature of the cyber-fraud allegations with the constitutional principle of liberty, provided that the integrity of the trial is maintained through strict conditions

Source reference: para. 6, 7
05

Holding

The Court allowed the bail application and ordered the release of Aayush Kumar Rai, Rocky Kumar, Dharmendra Kumar @ Dheeraj, and Redroj @ Gorelal

The holding is contingent upon the applicants furnishing a personal bond with two local sureties and adhering to specific conditions, including: (i) not seeking adjournments when witnesses are present; (ii) mandatory appearance on all trial dates; and (iii) personal presence during the framing of charges and recording of statements

Source reference: para. 7

The Court directed that any breach of these conditions would allow the trial court to treat the default as an abuse of the liberty of bail and proceed in accordance with law under the BNSS

Source reference: para. 7
Chhattisgarh High Court

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AAYUSH KUMAR RAIvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 01, 2026

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