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

The applicant, Akhilesh Singh, was arrested on January 24, 2025, in connection with Crime No. 585/2024 for allegedly operating a fraudulent investment scheme under "Flora Max Company".

It is alleged that the applicant, acting as Director/President, conspired with others to induce women to invest ₹30,000 or take bank loans under the guise of self-reliance projects (sarees and ration items), promising monthly returns of ₹2,700.

The prosecution alleged misappropriation and embezzlement of these funds.

The applicant sought regular bail on the grounds of parity with co-accused persons already released, prolonged detention of over one year, and the fact that a charge-sheet had already been filed.

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

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, on the grounds of parity and prolonged pretrial detention.

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), governing the power of the High Court to grant bail.

It relied on the principle of parity, citing the Supreme Court’s grant of bail in Santosh Das Manikpuri v. State (SLP (Crl.) No. 16293/2025) and its own previous orders in Raju Singh (M.Cr.C. No. 255/2026) and Ishwar Das Mahant (M.Cr.C. No. 10493/2025).

These precedents establish that where co-accused in identical circumstances are released due to prolonged detention and the filing of a charge-sheet, the petitioner is entitled to similar relief.

The court observed that the applicant has been in custody since early 2025 and that the investigation is complete, with the charge-sheet already filed.

Although the State raised concerns regarding the applicant’s criminal antecedents, the court balanced this against the fact that there are 254 cited witnesses, making the timely conclusion of the trial unlikely.

Most significantly, the court found the applicant’s situation identical to several co-accused persons who had already been granted bail by both the High Court and the Supreme Court on the grounds of prolonged detention.

Consequently, the court determined that continuing the applicant’s incarceration during the trial was not warranted given the established parity.

The holding was based on the principle of parity and the likelihood of a protracted trial.

The release is subject to strict conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (framing of charges and recording of statements), and compliance with proceedings under Sections 209 and 269 of the Bharatiya Nyaya Sanhita in the event of default or misuse of liberty.