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Divij   07 June 2025

Bail in matters related to cheating with cyber

Respected members, 

 A group of adults was indulged in the activities of cheating, cheating by personation. They use to call us immigrants on their numbers and tell them that they are employee of apple (USA)  and ask the immigrants to issue a gift card which they use to redeem later on.

The police has attempted a raid and caught them red handed. One of them is my client who is having 25% shares in this activity and was also caught by the police. The fir has been lodged U/S 318(4), 319BNS, 66D,45,73 OF IT Act, they applied for  bail which has been dismissed by the lower court and Session court as well. The ground of dismissal id that the crime is heinous in nature.

Now what remedy do we have to get the bail allowed, what ground can we take. The accused is in custody since march 2025. 

I have looked for many judgements regarding the same but unable to find any. 

 



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     07 June 2025

You may approach high court with a fresh bail application and if the charge sheet has not been filed beyond 90 days there are possibility to get bail.

Dr. J C Vashista (Advocate )     08 June 2025

When was the accused taken into judical custody ? Whether police has filed charge-sheet ?

File afresh bail application in the Sessions Court if there is some new facts i.e., after dismissal of bail application.

However, you have the only option to move to High Court for grant of bail.


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