Accused Entitled to Regular Bail on Grounds of Parity and Filing of Charge-Sheet

The applicant, Rajesh Sonkar, was arrested on April 23, 2025, in connection with Crime No. 40/2025 involving alleged cyber fraud and the operation of "mule accounts"

An inquiry by the Cyber Cell revealed that multiple bank accounts were used to transfer and launder proceeds of cybercrime totaling Rs. 8,22,146/-

While the applicant does not personally hold a mule account, he was implicated based on the memoranda of co-accused persons and allegations of cheating through transactions in other accounts

The applicant’s first bail application (MCRC No. 5917 of 2025) was rejected on merits on August 13, 2025

This is his second bail application, moved on the grounds of parity and prolonged incarceration

Whether the applicant is entitled to be released on regular bail under the principle of parity and considering the stage of the trial.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

Sections 317(2), 317(4), 317(5), 318(4), 61(2)(a), 338, 339, 340, and 341 of the Bhartiya Nyaya Sanhita (BNS), 2023

Doctrine of Parity, where a similarly situated co-accused has already been granted relief

The Court observed that a co-accused, Abhishek Jaiswal, was granted regular bail by the same Court in MCRC No. 3251 of 2026 on April 10, 2026

The Court further noted that the investigation is complete and the charge-sheet has already been filed

In evaluating the duration of custody, the Court highlighted that the applicant had been in jail since April 23, 2025, and that the trial's conclusion would likely take significant time

By connecting the completion of the investigation (charge-sheet filing) and the prior release of a co-accused, the Court determined that continued pretrial detention was not warranted

The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to specific conditions: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on all trial dates; (iii) liability under Section 209 of the BNS for misuse of liberty or non-appearance; and (iv) mandatory personal presence during framing of charges and recording of statements under Section 351 of the BNSS