Grant of bail based on parity and completed investigation in alleged fraudulent real estate transactions.

The applicant, Ganesh Ojha, was arrested on July 25, 2023, in connection with Crime No. 210/2023 at Police Station Padav, Gwalior.

He was charged under Sections 420, 409, 506, and 34 of the IPC for allegedly conspiring to cheat complainants by executing sale deeds for lands that did not belong to the sellers.

This is the applicant’s third bail application under Section 483 of the BNSS; his second application was dismissed on merits on April 8, 2025.

The applicant contended that he is not a partner in the firm involved (*Char Chatur Associates*), the investigation is complete with a charge-sheet filed, and he has been in custody for approximately 19 months.

1. Whether the applicant is entitled to the grant of regular bail based on the principle of parity with co-accused persons and the prolonged period of judicial custody.

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

The Court also considered the doctrine of parity, noting that co-accused persons (Sehdev, Himanshu, and Purshottam) with similar allegations had previously been granted bail under Section 439 of the CrPC/Section 483 of the BNSS via M.Cr.C. orders in 2023 and 2024.

Additionally, the court applied the principle that continued detention is unnecessary when the investigation is complete and the trial is expected to take considerable time.

The Court evaluated the period of the applicant’s custody (since July 2023) against the fact that the investigation had concluded and the charge-sheet was filed, rendering further custodial interrogation unnecessary.

It noted the applicant's argument regarding parity, as three co-accused faced similar allegations but were already enlarged on bail.

The Court found no immediate risk of the applicant absconding or tampering with evidence, given his status as a permanent resident of Gwalior.

Balancing the merits of the case (without expressing a final opinion) with the likely duration of the trial, the Court determined that the benefit of bail should be extended to the applicant to serve the interests of justice.

The holding is subject to six specific conditions, including cooperation with the trial, non-tampering with witnesses, and a prohibition on leaving India without permission.

The Court further ordered that any commission of a new offence during the trial would result in the automatic cancellation of the bail.