Regular bail may be granted when the charge sheet has been filed, the accused has no criminal antecedents, and the trial is expected to take time, regardless of the merits of the case.

Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.03/2025 registered at Police Station Cyber P.S.- Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 318 (4), 3 (5) of B.N.S and Section 66 (d) I.T. Act.

2. Case of the prosecution, in brief, is that the complainant Ravi Mohan Goswami has lodged a written complaint before the Police Station Ambikapur, District Surguja to the effect that, the unknown persons (accused persons) through the mobile numbers 8577064555, 8424855648, 8395943211 and 9991991448 have allured the complainant of getting more money by investing in the share market and the accused persons have got installed their Mobile Applications namely Money Trade 365 and Skytrade from Play-Store and in the QR Code given by the accused persons, the complainant has deposited total Rs. 21,15,000/- in 84 installments and have defrauded the aforesaid amount from the complainant/victim, wherein Rs. 1.92 Lacs from SBI Account Number 32829474155, Rs. 1.05 Lacs from SBI Account Number 34506960656, Rs. 20,000/- from SBI Account Number 41209990733, Rs. 51,000/- from SBI Account Number 20326716390, Rs. 1,27,500/- from SBI Account Number 42610048970, Rs. 1.01 Lacs from SBI Account Number 33998537079, Rs. 1 Lac from SBI Account Number 32222472022, Rs. 1.05 Lacs from Bank of Baroda Account Number 86680100021152, Rs. 2,06,500/- from Gramin Bank Account Number 77030963395, total Rs. 21,11,500/- has been defrauded by the accused persons from the aforesaid bank accounts of the victims. On that basis, the aforesaid FIR was registered and the matter was taken into investigation.

3. Learned counsel for the applicant submits that after lodging the complaint on 03.03.2025, the complainant voluntarily continued to transfer money on multiple subsequent dates, which is wholly inconsistent with any allegation of deception or dishonest inducement. He would submit that the applicant was never supplied written grounds of arrest, in violation of statutory and constitutional requirements and such non-compliance vitiates the arrest and continued custody. He would submit that the FIR alleges cheating of Rs.20,00,000/-, whereas the complainant’s own bank records show transfers of Rs.21,00,000/- by him alone. The remaining alleged transactions are from third-party accounts whose holders are neither complainants nor witnesses, rendering the prosecution case inherently doubtful. He would submit that no part of the alleged amount was credited to the applicant’s account and there is no financial nexus, receipt, benefit, or linkage between the applicant and the alleged proceeds, transactions pertain exclusively to third-party accounts. He would submit that the applicant is sought to be implicated solely on the basis of a co-accused’s disclosure statement. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 02/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. He would submit that in compliance of the Court’s order dated 14/01/2026 concerned Superintendent of Police has filed his personal affidavit.