Entitlement to regular bail on grounds of parity and duration of pretrial incarceration.

The applicant filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding his arrest in Crime No. 1123/2025.

The prosecution alleged that the applicant was involved with a company named "Nisha Business Consultancy and Unique Investment Solution," which fraudulently promised investors a 20% monthly return on share market investments.

The complainant alleged a personal loss of Rs. 23,30,000, while the total alleged financial loss across all victims amounted to Rs. 66,47,000.

The applicant has been in custody since September 19, 2025.

Whether the applicant is entitled to regular bail on the grounds of parity with a co-accused and the anticipated length of the trial.

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

Substantive offenses charged under Sections 318(4) (cheating), 338, 336(2), 340(2), and 61(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005.

The court relied on the principle of judicial parity, noting that co-accused persons in identical circumstances should be treated equally regarding pretrial liberty.

The court examined the applicant's plea for bail based on the fact that a co-accused, Shubham Kumar Gupta, had already been granted bail by the same Court in MCRC No. 1112/2026 on February 28, 2026.

The State counsel conceded that the applicant's role and circumstances were identical to those of the co-accused who was already released.

The court noted that the applicant had been in jail for approximately six months and that the conclusion of the trial was likely to take a significant amount of time.

Despite the applicant having one criminal antecedent, the court determined that the requirement for parity and the duration of pretrial detention outweighed the opposition to bail.

It ordered the release of Somendra Patil upon furnishing a personal bond with two sureties, subject to specific conditions: (i) the applicant must not seek adjournments during evidence; (ii) mandatory presence at trial or proceedings under Section 269 of BNS; (iii) liability for proceedings under Section 209 of BNS if bail is misused; and (iv) mandatory personal presence during framing of charges and recording of statements under Section 351 of BNSS.