Facts
The applicant sought regular bail following his arrest on January 23, 2026, in connection with Crime No. 44/2025.
Source reference: para 1, 3The prosecution alleged that 104 bank accounts were fraudulently opened at Utkarsh Small Finance Bank, Raipur, to receive proceeds from cyber crimes.
Source reference: para 2The applicant, one of the account holders, was charged under various sections of the Bhartiya Nyay Sanhita (BNS).
Source reference: para 1, 2The applicant contended that a co-accused, Goutam Bharti, had already been granted bail by the High Court in M.Cr.C. No. 10154 of 2023.
Source reference: para 3Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the grounds of parity and prolonged detention.
Source reference: para 1, 6Law Applied
The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.
Source reference: para 1It also considered the principle of parity in bail jurisprudence, referencing the previous release of a co-accused in a related matter.
Source reference: para 3, 6Substantive charges were noted under Sections 111 (Organized Crime), 3(5) (Common Intention), 317(2), 317(4), and 317(5) (Stolen Property/Cheating) of the Bhartiya Nyay Sanhita (BNS), 2023.
Source reference: para 1Reasoning
The Court evaluated the nature and gravity of the offense alongside the period of the applicant's detention since January 2026.
Source reference: para 6It noted that the charge-sheet had already been filed, indicating that no further custodial investigation was required.
Source reference: para 3The Court placed significant weight on the fact that a co-accused, Goutam Bharti, had been granted bail by the same Court in December 2025.
Source reference: para 4, 6Finding the applicant’s situation comparable and noting that the trial would likely take considerable time, the Court determined that the applicant was entitled to bail on the ground of parity.
Source reference: para 6Holding
The holding was specifically based on the principle of parity with co-accused Goutam Bharti.
The Court allowed the application and directed the release of Harish Kumar Sonkar on bail upon furnishing a personal bond with two sureties, subject to strict conditions including mandatory appearance at trial and personal presence for framing of charges under Section 351 of the BNSS.
Source reference: para 7Original Court PDF
HARISH KUMAR SONKARvsSTATE OF CHHATTISGARH
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