Accused Granted Bail Under Bharatiya Nagarik Suraksha Sanhita, 2023, Citing Limited Involvement and Filing of Charge-Sheet
In a significant ruling, the Gujarat High Court has granted bail to Akib Husen Aasik Husen Saiyed and his co-accused in a case involving allegations of cyber slavery. The case, which has garnered considerable attention, revolves around accusations that the applicants facilitated employment in Myanmar, where victims were reportedly held as cyber slaves.
Presiding Judge, Mr. Nikhil S. Kariel, delivered the verdict on January 6, 2026, in favor of the accused, citing their limited role in the alleged crime and the completion of the charge-sheet as pivotal factors in the decision. The bail was granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a recent statute aimed at ensuring citizen security.
The court acknowledged the gravity of the allegations, where Indian citizens were reportedly lured with lucrative job offers in Myanmar, only to find themselves trapped in cyber slavery. However, upon reviewing the charge-sheet and the evidence, it was determined that the applicants were minor players, unaware of the eventual consequences of their actions. The court noted that the accused acted with bona fide intentions, attempting to secure employment for friends without comprehending the potential ramifications.
Key to the court's decision was the principle that detaining the applicants at this stage, with the charge-sheet filed, would equate to pre-trial punishment. This aligns with the precedent set by the Supreme Court in the case of Sanjay Chandra v. Central Bureau of Investigation, where the apex court emphasized that bail should not be denied as a punitive measure.
The bail comes with stringent conditions, including the surrender of passports, restrictions on leaving the state without permission, and regular attendance at the local police station. These measures aim to prevent misuse of liberty and ensure compliance with legal procedures.
The ruling highlights a nuanced approach to justice, balancing the seriousness of the allegations with the applicants' limited involvement and the need to avoid pre-trial detention. It underscores the judiciary's role in safeguarding individual rights while upholding the principles of justice and due process.
Bottom Line:
Regular bail granted to applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving allegations of cyber slavery, considering the limited role of the applicants and the filing of the charge-sheet.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Sections 318(4), 127, 143(3), 61(2), 3(5) of the BNS, Sections 66(D), 84(B) of the I.T. Act.
Akib Husen Aasik Husen Saiyed v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2833965
