Bail granted on principle of parity to accused in cyber fraud case involving BNS offenses.

The applicant filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail following his arrest on May 20, 2025.

The prosecution alleged that the applicant was part of a group involved in cyber fraud, where a total sum of Rs. 27,27,556 was deposited into various bank accounts, including the applicant's, with the knowledge that the funds were fraudulently obtained.

The applicant contended he had no direct role in the principal offense and was implicated solely based on account transactions.

The defense further highlighted that two co-accused, Bhagawat Prasad Shukla and Ayush Pandey, had already been granted bail by the Supreme Court and the High Court, respectively.

1. Whether the applicant is entitled to the grant of regular bail based on the principle of parity with co-accused who have already been enlarged on bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

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

Procedural requirements under Sections 209, 269, 84, and 351 of the BNSS/BNS framework to ensure the presence of the accused during trial.

The Court examined the nature and gravity of the allegations involving the deposit of fraudulent funds into the applicant's account.

It noted that the investigation was substantially complete as the charge-sheet had already been filed.

The primary reasoning for the Court’s intervention was the fact that "similarly situated" co-accused had been granted relief: Bhagawat Prasad Shukla was granted bail by the Hon’ble Supreme Court in SLP (Crl.) No. 20364/2025, and Ayush Pandey was granted bail by the High Court in MCRC No. 1586/2025.

Since the State counsel could not dispute these facts or distinguish the applicant's role from those of the enlarged co-accused, the Court determined that the applicant deserved the same relief under the rule of parity.

The Court allowed the bail application and ordered the release of Bhanu Pratap Sen on a personal bond with two sureties subject to specific conditions, including: (i) an undertaking not to seek adjournments during evidence; (ii) mandatory presence on all trial dates; (iii) personal appearance during charge framing and Section 351 BNSS statements; and (iv) compliance with trial court directions to avoid proceedings under Section 209 BNS.