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. 1The 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. 2Between 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. 2The applicants have been in custody since November 17, 2025, and a charge-sheet has already been filed in the matter
Source reference: para. 3Issues
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, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail
Source reference: para. 1Sections 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. 1The 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. 7Reasoning
The Court evaluated the gravity of the allegations against the current stage of the legal proceedings.
Source reference: para. 4, 6While 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, 6The 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. 6The 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, 7Holding
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. 7The 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. 7Original Court PDF
AAYUSH KUMAR RAIvsSTATE OF CHHATTISGARH
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