Chhattisgarh HC Grants Bail To Man In Mule-Account Case On Parity With Two Co-Accused Bailed By Supreme Court

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for alleged 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 earlier 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.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the basis for an application for regular bail.

The Court applied the principle of parity, under which bail may be granted to an applicant who is similarly situated to co-accused who have been granted bail, taking into account the circumstances of the case.

The applicant’s earlier bail rejection did not prevent consideration of the second application in light of the subsequent change in circumstances: the Supreme Court had granted bail to two co-accused whose applications had been rejected by the High Court.

The State did not dispute those grants.

Considering the case circumstances and the co-accused’s bail orders, the Court held that the applicant was entitled to parity, without expressing any view on the merits of the case.

It directed the applicant’s release upon execution of a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court. The applicant must not intimidate or induce persons acquainted with the case facts, must not prejudice a fair and expeditious trial, and must attend each trial date until disposal.