Regular bail is warranted after charge-sheet filing when further custodial interrogation is unnecessary and trial will take time.

The applicant was arrested in Crime No. 175/2026 registered at Police Station Chirmiri, District M.C.B., for the offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The complainant alleged that the applicant represented himself as being engaged in tours and travels and cryptocurrency trading, promised a monthly return of 10% on investments, and induced the complainant to transfer ₹15,00,000 to his bank account. Another investor allegedly invested ₹28,00,000 on similar assurances, received returns for some months, and was thereafter not repaid.

The applicant contended that the amounts were business loans, that he had initially made repayments, and that subsequent business losses prevented repayment. He relied, inter alia, on the statement of another investor, Tapas Banerjee.

The applicant was arrested on 18 June 2026 after allegedly failing to cooperate with investigation despite notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”). The police completed the investigation and filed the charge-sheet on 13 August 2026.

The applicant remained in custody for approximately 75 days, and the State opposed bail on the basis of the seriousness of the allegations, the material collected during investigation, non-cooperation, and a pending criminal antecedent.

1. Whether the applicant was entitled to regular bail under Section 483 of the BNSS, having regard to the nature of the allegations, the material collected, the period of custody, and the filing of the charge-sheet.

2. Whether continued custodial detention was necessary after completion of investigation and filing of the charge-sheet.

3. What conditions should govern the applicant’s release on bail.

The Court applied Section 483 of the BNSS, which empowers the High Court to grant regular bail to a person accused of an offence and in custody.

The alleged offence was under Section 318(4) of the BNS.

In deciding bail, the Court considered the nature of the allegations, the prima facie material in the case diary, the applicant’s period of incarceration, completion of investigation, filing of the charge-sheet, the need for further custodial interrogation, the likelihood of the trial taking time, and the applicant’s personal circumstances.

Bail was made subject to conditions concerning attendance, non-seeking of unnecessary adjournments, personal appearance at material stages of the trial, and consequences of misuse of liberty.

The Court noted that the prosecution case alleged inducement through promises of investment returns and failure to repay substantial amounts. However, the FIR itself indicated that the applicant had paid returns or profits for some period.

The applicant’s defence that the transactions were business loans, coupled with his asserted repayments and financial losses, was supported at least prima facie by the statement of Tapas Banerjee; the Court expressly refrained from making any finding on the merits.

Since the investigation had been completed, the charge-sheet had been filed, and no further custodial interrogation appeared necessary, continued detention was not considered warranted.

The Court also took into account the applicant’s approximately 75 days of custody, his age of 27 years, his status as the only son of aged parents, and the likelihood that the trial would take time.

These factors outweighed the State’s objections at the interim stage of bail.

The High Court directed that Subarno Ghosal be released in connection with Crime No. 175/2026 upon furnishing a personal bond of ₹50,000 and one surety.

The release was subject to conditions requiring him not to seek adjournments when witnesses were present, to remain present before the trial court on each date, to appear personally at the stages of opening of the case, framing of charge, and recording of his statement under Section 351 of the BNSS, and to comply with the consequences prescribed in the event of absence or misuse of bail.