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

The applicant, Akhilesh Singh, was arrested on January 27, 2025, in connection with Crime No. 7/2025 at Police Station Sakti.

The prosecution alleges that in 2021, the applicant, acting as the Director/President of Flora Max Company, conspired with others to defraud innocent women by promising financial independence through small business ventures.

Investors were allegedly induced to deposit significant sums or take bank loans, with promises of monthly commissions, but the funds were purportedly misappropriated and embezzled by the accused.

The applicant sought regular bail on the grounds of parity with co-accused persons, prolonged detention of over one year, and the filing of the charge sheet.

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 pretrial detention.

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

It invoked the principle of Parity, noting that co-accused persons (Santosh Das Manikpuri, Raju Singh, and Ishwar Das Mahant) had already been granted bail by the Supreme Court and the High Court under similar circumstances.

The court also applied Sections 318(2), 318(4) (Cheating), 111(1) (Organized Crime), and 3(5) (Common Intention) of the Bhartiya Nyaya Sanhita, 2023 (BNS), along with Sections 6 and 10 of the Chhattisgarh Protection of Depositors Interest Act.

The Court observed that the applicant had been in custody since January 27, 2025, and that the investigation was complete with the charge-sheet already filed.

Despite the State’s objection regarding the applicant's four criminal antecedents, the Court emphasized that the conclusion of the trial would likely be delayed given the 254 cited witnesses.

Crucially, the Court found the applicant’s case to be identical to that of co-accused Santosh Das Manikpuri, who was granted bail by the Supreme Court specifically on the grounds of prolonged detention (SLP Crl. No. 16293/2025).

By applying the doctrine of parity, the Court reasoned that the applicant deserved similar relief as his situation mirrored that of the other released co-accused.

The holding established that the applicant was entitled to bail based on parity and the likely delay in trial conclusion.

The release was subject to stringent conditions, including prohibitions against seeking unnecessary adjournments, mandatory presence during key trial stages (framing of charges and statement recording under Section 351 BNSS), and strict compliance with Section 84 of the BNSS regarding proclamations.