Trial delay is insufficient ground for bail following a previous merit-based rejection in serious fraud cases.

The applicant, a citizen of Nigeria holding a Republic of Ghana passport, was arrested on December 11, 2024, in connection with Crime No. 189/2024 for allegedly participating in an online matrimonial fraud

The complainant alleged she was defrauded of ₹15,72,000/- by an individual posing as "Alok Deshpandey" on Shadi.com, who claimed to work in the UK

Investigations linked the mobile number used in the offense to the applicant

The applicant's first bail application (MCRC No. 3196 of 2025) was rejected on merits on May 20, 2025

The applicant sought regular bail on the grounds of trial delay (only three of twelve witnesses examined despite a previous six-month trial completion directive), lack of direct evidence, and his mother’s illness

The State opposed the application, noting the applicant had three criminal antecedents and had been residing in India without a valid visa since 2022

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) following the rejection of a previous bail application on merits and in light of his expired visa status.

2. Whether the failure to conclude the trial within the previously stipulated timeframe constitutes a sufficient ground for the grant of bail in a case involving international cyber fraud.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the High Court’s power to grant bail

Substantive charges were considered under Sections 318(4) (cheating) and 3(5) (common intention) of the Bhartiya Nyaya Sanhita (BNS)

Section 66D of the Information Technology Act (punishment for cheating by personation by using computer resource)

Section 346 of the BNSS (corresponding to Section 309 of the Cr.P.C.) to mandate the conclusion of the trial on a day-to-day basis

The Court observed that the applicant’s prior bail application had already been dismissed on merits

While acknowledging the applicant's arguments regarding the lack of incriminating seizures and the delay in trial proceedings, the Court determined these factors did not outweigh the gravity of the allegations

The Court emphasized that the applicant is a foreign national whose tourist visa expired in 2022, rendering his continued stay in India unauthorized

Given the applicant's criminal antecedents and the nature of the online fraud involving a false identity, the Court found that the grounds urged—including his mother’s health and the fact that nine months had passed since the original trial deadline—did not constitute "sufficient grounds" for release

The Court reasoned that judicial discipline required adhering to the previous merits-based rejection despite the procedural delay

The Court directed the learned trial Court to conclude the proceedings on a day-to-day basis pursuant to Section 346 of the BNSS within four weeks from the date of receipt of the order, provided no legal impediments exist

The office was directed to communicate this order to the trial court immediately for compliance