Grant of regular bail on grounds of parity and prolonged pretrial detention during pendency of trial.

The applicant filed a third bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

He was arrested on 19.04.2025 in connection with Crime No. 83/2025 for allegedly facilitating cyber fraud

The prosecution alleged the applicant operated a "mule account" in HDFC Bank, through which Rs. 20,39,596/- in fraudulent amounts were transacted after he induced others to provide their bank details for commission

Two previous bail applications (MCRC No. 6036/2025 and MCRC No. 9440/2025) were rejected on merits

The applicant sought bail on the grounds of parity with co-accused, lack of criminal antecedents, and the slow progress of the trial

1. Whether the applicant is entitled to the grant of regular bail following the rejection of previous applications, considering the duration of incarceration and the principle of parity

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail

It also considered the principle of parity in judicial discretion, whereby similarly situated co-accused granted relief (MCRC Nos. 10030/2025 and 9232/2025) may influence the bail eligibility of the applicant

Sections 317(4), 318(4), and 61(2)(A) of the Bharatiya Nyaya Sanhita (BNS) and Section 66(D) of the IT Act regarding the substantive offences

The Court observed that the applicant had been in custody since 19.04.2025, approximately one year at the time of the order

It noted that the trial was not progressing expeditiously, as only 3 out of 8 prosecution witnesses had been examined

While the State opposed the bail due to the nature of the allegations, it could not dispute that co-accused persons had already been granted bail by the same Court

The Court balanced the gravity of the allegations against the applicant's right to liberty during a prolonged trial and determined that continued pretrial detention was not warranted given the specific circumstances and the relief granted to co-accused

The direct answer to the issue is that the applicant met the criteria for bail based on parity and the slow pace of the trial. The release is subject to stringent conditions, including a prohibition on seeking adjournments during evidence, mandatory presence at all trial stages, and warnings that default would result in proceedings under Section 269 and Section 209 of the Bharatiya Nyaya Sanhita