Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Order Date: 10 August 2026

Case Overview

  • Petitioner: Amit Kr. Beria, S/O Late Sawarman Beria, residing at 44 Sanjibani Pathomio Kumar Institute, VIP Road, Hengranbari, P.S. Dispur, District Kamrup (M), Assam.
  • Respondent: The State of Assam represented by the Public Prosecutor.
  • Case No.: Bail Application No. 2236/2026, filed under Section 483 of the BNSS.
  • Underlying Criminal Case: CID Cyber Police Station Case No. 7/2026, registered on 29 May 2026 under Sections 318(4), 319(2), 336(3), 340(2), 61(2) of the BNS, 2023, read with Sections 66C, 66D and 72 of the Information Technology Act.
  • FIR Details: FIR lodged by Amit Kumar Jain, Branch Manager, HDFC Bank, Six Mile Branch, on 06 May 2026.
  • Allegations: The accused’s HDFC Bank account was identified as a beneficiary in multiple cyber‑crime complaints. Review of the account statement showed a credited amount from SBI and IDBI bank account holders on 09 April 2026. The throughput amount over the last six months was reported as Rs. 3.58 crore, with a total disputed amount of Rs. 40.20 lakhs.
  • Arrest & Custody: The accused was arrested and sent to jail‑hazot on 30 May 2026 and has been in custody for 73 days.
  • Statutory Requirement: The offence carries a mandatory 60‑day period for filing a charge‑sheet. No charge‑sheet has been filed to date.

Final Outcome

  • The Court held that, having exceeded the 60‑day statutory period without a charge‑sheet, the accused is entitled to default bail.
  • Bail is granted on the condition that the accused furnishes a cash bond of Rs. 50,000 and a surety of an equal amount, satisfactory to the Chief Judicial Magistrate, Kamrup (M), Guwahati.
  • The bail application is therefore disposed of, and the accused is to be released upon compliance with the bond and surety requirements.

Topics: Bail, Cyber Crime, Banking