Bail may be granted on parity when similarly situated co-accused obtain bail from the Supreme Court.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging offences under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that the applicant’s bank account received credits of ₹17,85,765 and was used to route proceeds of cyber fraud.

His first bail application had been rejected on merits.

In support of this second application, he relied on the Supreme Court’s subsequent grant of bail to two co-accused whose bail applications had also been rejected by the High Court.

Whether the Supreme Court’s subsequent grant of bail to similarly situated co-accused constituted a changed circumstance supporting the applicant’s second bail application.

Whether the applicant was entitled to bail on the ground of parity with those co-accused.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.

A subsequent material change in circumstances may support reconsideration of a previously rejected bail application; the Court treated the grant of bail to similarly situated co-accused by the Supreme Court as a relevant circumstance and applied the principle of parity.

Although the applicant’s earlier bail application had been rejected on merits, the Court considered the later Supreme Court orders granting bail to Praveen Soni and Abdul Hidayat Khan, whose High Court bail applications had likewise been rejected.

The State did not dispute that those co-accused had been granted bail.

In light of that subsequent development and the applicant’s asserted similarity to them, the Court found parity sufficient to grant bail, without expressing any further view on the merits.

It directed that the applicant be released upon furnishing a personal bond of ₹50,000 with one surety in the like amount, subject to conditions concerning non-interference with witnesses, conduct consistent with a fair and expeditious trial, and appearance on each trial date.