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Judgment
The applicant has preferred this second 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. 03/2026 registered at Police Station Ambagarh, District Mohla-Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Sections 318(4), 317(4) and 3(5) of the BNS and Section 66(D) of the IT Act.
As per the prosecution story, the complainant, Kunal Agrawal, lodged a written report alleging that during the period from 07.11.2025 to 06.12.2025, an unknown person, posing as a representative of a share trading/investment platform through WhatsApp and a mobile application, induced him to invest money by promising exorbitant returns from online share trading. Believing the representations made by the accused, the complainant transferred a total sum of ₹1,49,50,000/- from his Punjab National Bank and HDFC Bank accounts to various bank accounts as instructed by the accused. Subsequently, when the complainant attempted to withdraw the invested amount, the accused demanded further deposits on the pretext of loan repayment and other charges, whereupon the complainant realized that he had been cheated. On the basis of the aforesaid allegations, the police registered the present crime under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, and during the course of investigation, Sections 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the InformationTechnology Act. 2000 were also added.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no cogent material is available to connect the applicant with the alleged offence and no part of the alleged cheated amount has been recovered from his possession. It is further submitted that the entire case is based on documentary and electronic evidence, which is already in the custody of the investigating agency, the investigation has been completed and the charge-sheet has been filed. It is also submitted that the applicant has been in judicial custody since 21.02.2026, has no criminal antecedents and the trial is likely to take considerable time to conclude. He would also submit that co-accused persons have already been granted bail by this Court vide orders dated 29/07/2026 and 31/08/2026 passed in MCRC Nos. 5977/2026 and 7034/2026, respectively. On these grounds, prayer has been made to enlarge the applicant on bail.
Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. It is submitted that the investigation has been completed and the charge-sheet has already been filed. Considering the nature and gravity of the offence, it is prayed that the bail application be rejected.
I have heard learned counsel for the parties and perused the case diary.
Having considered the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 21/02/2026, coupled with the fact that the conclusion of the trial is likely to take some time and also considering that co-accused persons have already been granted bail by this Court vide orders dated 29/07/2026 and 31/08/2026 passed in MCRC Nos. 5977/2026 and 7034/2026, respectively, without expressing any opinion on the merits of the matter, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. Accordingly, the bail application is allowed.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,
he shall not act in any manner which will be prejudicial to fair and expeditious trial, and
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.