Entitlement to regular bail on grounds of parity with co-accused granted bail by a higher court.

The applicant, Bobby Khatri, was arrested in connection with Crime No. 129/2025 involving alleged organized cyber fraud.

Investigations revealed 128 "mule accounts" in Bank of Maharashtra, Raipur, used to receive defrauded money totaling ₹64,10,855/-.

The applicant’s first bail application (MCRC No. 10106/2025) was rejected on merits on 09.12.2025.

This second bail application was filed following the grant of bail to several co-accused persons by the Supreme Court and the High Court.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on the ground of parity with co-accused persons who were granted bail after the rejection of the applicant's first bail application.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

It relied heavily on the principle of judicial parity, noting that the Hon’ble Supreme Court granted bail to co-accused Ishika Singh in Criminal Appeal No. 4494/2025.

The court also considered Sections 111 (Organized Crime), 3(5) (Common Intention), and 317 (Stolen Property) of the Bharatiya Nyaya Sanhita (BNS).

The Court noted that while the applicant's prior bail plea was rejected on merits, the circumstances had changed as the charge-sheet was now filed and multiple co-accused had since been released.

Specifically, the Hon’ble Supreme Court’s decision to grant bail to co-accused Ishika Singh created a ground for parity.

Despite the State’s opposition regarding the applicant's involvement in diverting ₹64,10,855/-, the prosecution could not dispute that similarly situated co-accused, including Avinash Tandekar and Jayant Ghosh, had been granted relief by the High Court in early 2026.

Consequently, the Court found it equitable to extend the same benefit to the applicant.

The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to conditions including: attending all court dates, not seeking unnecessary adjournments, and appearing for charge framing/statements under Section 351 BNSS.