Accused entitled to regular bail on grounds of parity where identically situated co-accused is released.

The applicant, Manoj Soni, was arrested on December 8, 2025, in connection with Crime No. 410/2024 at Police Station Telibanda

The prosecution alleged that the applicant, along with other accused persons, conspired to defraud the Chhattisgarh State Rural Bank by obtaining a loan through the misrepresentation of land ownership and the submission of forged sale and purchase documents

Following the completion of the investigation, a charge-sheet was filed before the competent court

The applicant sought regular bail, primarily arguing parity with a co-accused, Swapan Kumar Guchait, who had been granted bail by the same Court on February 23, 2026

1. Whether the applicant is entitled to the grant of regular bail under the principle of parity and the specific circumstances of the case, including the stage of trial and lack of criminal antecedents?

The Court exercised its jurisdiction under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court regarding bail

The applicant was charged under Sections 420 (cheating), 120-B (criminal conspiracy), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) of the Indian Penal Code, 1860

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

The Court evaluated the nature and gravity of the offense alongside the applicant’s period of detention, which commenced on December 8, 2025

It noted that the investigation was complete and the charge-sheet had already been filed, suggesting that the applicant's custody was no longer required for investigative purposes

Crucially, the Court observed that the State did not dispute that the applicant’s role was identical to that of the co-accused, Swapan Kumar Guchait, who had already been released on bail

Furthermore, the Court took cognizance of the fact that the applicant had no previous criminal antecedents and that the trial was likely to be protracted

Consequently, the Court determined that the requirements for bail were satisfied on the ground of parity

The holding was based on the applicant’s lack of criminal history, the filing of the charge-sheet, and the principle of parity with the co-accused

The release was made subject to several conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory appearance at all trial dates; and (iii) strict compliance with procedural requirements under the Bharatiya Nyaya Sanhita (BNS) and BNSS

If the applicant defaults or misuses the liberty, the trial court is empowered to initiate proceedings for the cancellation of bail