The court granted regular bail to the applicant in a cyber fraud case, primarily because the charge-sheet had already been filed, the applicant had no prior criminal record, and he had been in custody since January 2026.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 400/2025, registered at Police Station – Bhatapara (City), District - BalodaBazar- Bhatapara (C.G.) for the offence punishable under Sections 314 , 317(2), 317(4), 61(2)(A), 112 of Bharatiya Nyaya Sanhita, 2023 and Sections 66(C)and 66(D) of Information Technology Act.

2. As per the prosecution story, in brief, on 14.07.2025, information was received from the Cyber Cell regarding fraudulent online transactions carried out during the period from 01.01.2024 to 31.01.2025. In connection with acknowledgment number 33710240054030, it was found that the bank account of co-accused Siddharth Bhoi, bearing Account No. 296101000015261 with Indian Overseas Bank, had received an amount of Rs. 90,666/- through cyber fraud from various states. Subsequently, Siddharth Bhoi was arrested, and in his memorandum statement, he disclosed the name of the present applicant, alleging that the applicant had impersonated him for the purpose of opening the said bank account and had assured him that he would receive money in return. Thereafter, the account was opened in the name of Siddharth Bhoi with Indian Overseas Bank. It is further alleged that the passbook, ATM card, and mobile number linked to the account were handed over to the applicant, and in consideration thereof, the applicant transferred a sum of Rs. 10,000/- to Siddharth Bhoi. On the basis of these allegations, the present applicant was arrested for the commission of the alleged offences.

3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the present applicant has been roped in for the commission of the alleged offences solely on the basis of the memorandum statement of Siddharth Bhoi, wherein he has stated that the applicant impersonated him for the purpose of opening the bank account and, in lieu thereof, paid him a sum of Rs. 10,000/-. It is also submitted that the applicant has no previous criminal antecedents. It is further submitted that the charge-sheet has already been filed and he is in jail since 22.01.2026. Therefore, it is prayed that the applicant be enlarged on bail.

4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submits that during the investigation, it is further revealed that, in the aforesaid bank account of the present accused applicant, the total amount was Rs. 93,996/- has been transferred into the aforesaid bank account of the accused applicant, as the aforesaid bank account was being utilized for the purpose of committing cyber fraud and by such fraudulent means and the aforesaid amount has been dishonestly transacted and credited by the accused persons. It is further revealed that, the present accused applicant along with other accused persons, were instrumental in the use of the aforesaid bank account number and thereby deceived innocent persons/people to part with their money, which was subsequently misappropriated. Therefore, it is argued that the applicant is not entitled to the grant of bail.

5. I have heard learned counsel for the parties and perused the documents available on record.

6. In compliance