Grant of bail on ground of parity and prolonged detention despite criminal antecedents.

The applicant, Akhilesh Singh, was arrested on 24.01.2025 in connection with Crime No. 517/2024 for allegedly acting as a director of Fora Max Service Private Limited

The prosecution alleged that the company lured approximately 150 investors with promises of high monthly profits (Rs. 2,700–3,000) and commissions, ultimately defrauding them of Rs. 8,10,00,000/- before closing the office

The applicant sought regular bail, contending he was falsely implicated, that investors had previously received profits, and that similarly situated co-accused persons had already been granted bail by the High Court and Supreme Court

The State opposed bail, citing the applicant's four criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the duration of his detention

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the grant of regular bail

The court relied on the principle of parity, noting that co-accused Santosh Das Manikpuri was granted bail by the Hon’ble Supreme Court in SLP (Crl) No. 16293/2025 on the grounds of prolonged detention

It further considered Sections 318(2), 318(4), 111(1), and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (BNS), and Sections 6 and 10 of the Chhattisgarh Protection of Depositors Interest Act

while referencing Section 269 of the BNS regarding non-appearance and Section 84 of the BNSS regarding proclamations for absconding persons

The Court observed that the applicant had been in custody since 24.01.2025, a period exceeding one year

While the State raised concerns regarding the applicant's criminal history, the Court prioritized the fact that the charge-sheet had already been filed and the trial—involving 21 witnesses—was unlikely to conclude soon

Most significantly, the Court found the applicant’s situation identical to that of co-accused persons Raju Singh, Ishwar Das Mahant, and Santosh Das Manikpuri, all of whom had been enlarged on bail by either the High Court or the Supreme Court

Consequently, the Court determined that the applicant was entitled to bail on the ground of parity and to prevent indefinite detention during a prolonged trial

The holding was specifically grounded in parity with co-accused and the prolonged nature of the trial

The release is subject to stringent conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (framing of charges and recording of statements under Section 351 BNSS), and a warning that any violation would constitute an abuse of the liberty of bail