Can Prolonged Pre-Trial Custody Alone Justify Bail in Cybercrime Proceedings Under the BNS and IT Act?

High Court of Jharkhand grants bail based solely on custody duration in a cybercrime case, upholding established bail principles without altering precedent—binding on subordinate courts in similar matters.

 

Summary

Category Data
Case Name B.A. 6183/2025 of Sunil Mandal alias Sunil Kumar Mandal Vs The State of Jharkhand
CNR JHHC010205592025
Decision Date 18-08-2025
Disposal Nature Allowed
Judgment Author Hon’ble Mr. Justice Ambuj Nath
Court High Court of Jharkhand
Bench Single Judge
Facts as Summarised by the Court Petitioner was accused in Cyber Crime P.S. Case No. 80 of 2024 under sections 111(2)(ii), 317(2), 317(4), 318(4), 319(2), 336(3), 338, 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 66B, 66C, 66D of the IT Act. He escaped a raid on 27.12.2024 and has been in custody since 25.05.2025.
Citations (2025: JHHC:24021) Neutral Citation No.

What’s New / What Lawyers Should Note

  • The High Court granted bail in a cybercrime case purely on the ground of prolonged custody (since 25.05.2025), without requiring additional conditions.
  • This decision illustrates that even for offences under the Bharatiya Nyaya Sanhita, 2023 and the IT Act, the length of pre-trial detention can be decisive for bail.

Summary of Legal Reasoning

  1. The petitioner was in custody from 25.05.2025 for offences under the BNS 2023 and IT Act.
  2. No specific prejudice to the investigation or trial was found due to bail.
  3. Considering the substantial period of custody, the Court exercised its discretion to enlarge the petitioner on bail, balancing liberty against the needs of justice.

Factual Background

Petitioner Sunil Mandal was named in Jamtara Cyber Crime P.S. Case No. 80 of 2024 for multiple offences under the new Bharatiya Nyaya Sanhita, 2023 and the IT Act. On 27.12.2024 the Cyber Police raided his residence; he escaped, while other accused were apprehended. He surrendered and has been in judicial custody since 25.05.2025. The petitioner filed a bail application before the High Court, which was allowed solely on the ground of prolonged custody.

Citations

  • Neutral Citation: (2025: JHHC:24021)
  • B.A. 6183/2025 logged as CNR JHHC010205592025.

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