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

The applicant, Akhilesh Singh, was arrested on November 20, 2024, in connection with Crime No. 703/2024.

He is alleged to have served as the Director/President of Flora Max Company, which purportedly induced women to invest amounts ranging from ₹30,000 to ₹40,000 with promises of financial independence and monthly commissions.

The prosecution alleges that the accused conspired to misappropriate these funds, leading to charges of cheating and embezzlement.

The applicant sought regular bail, contending that he was falsely implicated, that investors had previously received profits, and that he should be granted bail on the ground of parity as co-accused persons had already been released.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the period of detention and the principle of parity with co-accused persons.

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

The charges involved Sections 318(2), 318(4) (cheating), 336, 338, 111(B), and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (BNS), and Sections 6 and 10 of the Chhattisgarh Protection of Depositors Interest Act.

The court also applied the principles of Parity and Prolonged Detention, referencing precedents where co-accused Santosh Das Manikpuri was granted bail by the Supreme Court in SLP (Crl.) No. 16293/2025, and Raju Singh and Ishwar Das Mahant were granted bail by the High Court.

The court observed that the applicant had been in custody since November 20, 2024, exceeding one year of detention.

Despite the prosecution citing 254 witnesses, the trial was unlikely to conclude in the near future.

While the State counsel opposed bail citing the applicant's four criminal antecedents, the court found the applicant's case to be identical to those of the co-accused who had already been enlarged on bail by both the High Court and the Supreme Court.

By applying the doctrine of parity, the court determined that since the investigation was complete and the charge-sheet filed, continued incarceration was not warranted during the trial.

The application was allowed, and the applicant was ordered to be released on bail upon furnishing a personal bond with two local sureties, subject to specific conditions: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory appearance on trial dates; and (iii) compliance with procedures under Sections 209, 269, and 351 of the BNS/BNSS to prevent abuse of liberty.