Accused entitled to bail on grounds of parity and prolonged incarceration despite prior rejection on merits.

The applicant was arrested on March 23, 2025, in connection with Crime No. 129/2025 for allegedly facilitating cyber fraud through 128 "mule accounts" opened at the Bank of Maharashtra, Raipur.

These accounts were reportedly used to route and transfer defrauded amounts identified via the Cyber Crime Reporting Portal.

The applicant’s first bail application (MCRC No. 9109/2025) was rejected on merits on December 15, 2025.

The applicant filed this second bail application under Section 483 of the BNSS, 2023, citing nearly one year of incarceration and the fact that a co-accused had been granted bail.

1. Whether the applicant is entitled to regular bail on the grounds of parity with a co-accused and the duration of his incarceration.

The Court exercised its discretionary power under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

It applied the principle of parity, which suggests that similarly situated accused persons should be treated equally regarding the grant of bail.

Furthermore, the Court considered the "period of incarceration" as a significant factor in determining the eligibility for bail during the pendency of a trial.

The Court noted that the applicant had been in custody since March 23, 2025, representing a substantial period of nearly one year.

While acknowledging that the previous bail application was rejected on merits, the Court emphasized a change in circumstances: the co-accused, Shabbir Khan, was granted bail by the same Court in MCRC No. 2640/2026 on March 23, 2026.

The State counsel conceded that the charge sheet had been filed and could not dispute that the applicant’s role and case were identical to those of the co-accused already released.

Consequently, the Court reasoned that the grounds of parity and the length of pretrial detention outweighed the previous grounds for rejection.

The holding was based primarily on the ground of parity with the co-accused and the applicant's substantial period of incarceration.

The release was made subject to strict conditions, including a mandate that the applicant shall not seek adjournments when witnesses are present, must appear on all trial dates (subject to Section 269 BNSS), and must be present for framing of charges and recording of statements under Section 351 BNSS.