The Supreme Court has granted anticipatory bail to an accused in an alleged online gaming fraud case, observing that custodial interrogation was not necessary, particularly when co-accused had already been acquitted after trial.
In its order dated March 12, 2026, a bench of Justices Aravind Kumar and Prasanna B. Varale allowed the appeal and set aside the Madhya Pradesh High Court’s refusal to grant anticipatory bail.
The case pertained to allegations under various provisions of the IPC, including cheating and forgery, where the prosecution claimed that the accused had created and circulated online gaming links to deceive the complainant and cause wrongful loss. The chargesheet had been filed against six accused persons.
Notably, the Court took into account that some co-accused had already been tried and acquitted in December 2024, and that the chargesheet included the present appellant as well. It held that merely because the appellant had been absconding earlier could not justify denial of anticipatory bail when the investigation was complete.
The Court observed that concerns of the prosecution could be addressed by imposing strict conditions, including requiring the appellant to cooperate with the investigation and appear before the trial court as directed.
Accordingly, the Court directed that the appellant be released on anticipatory bail subject to conditions deemed appropriate by the Investigating Officer, marking a significant reiteration of the principle that arrest should not be routine once investigation is complete.
Appearances:
For the Petitioner: Mr. Virender Verma, Adv.; Mr. Jitendra Kumar Singh, Adv.; Mr. Sumant Datt, AOR
