Facts
The applicant was arrested on 23.04.2025 in connection with Crime No. 40/2025 for allegedly participating in a "mule account" financial fraud involving a transaction of Rs. 8,22,146/-
Source reference: para. 3The applicant filed this second bail application after his first application (MCRC No. 3982 of 2025) was rejected on merits on 13.08.2025
Source reference: para. 2The applicant sought bail primarily on the grounds of parity, noting that co-accused Abhishek Jaiswal and Rajesh Sonkar had already been granted regular bail
Source reference: para. 4Charge-sheet has already been filed in the matter
Source reference: para. 5Issues
1. Whether the applicant is entitled to the grant of regular bail on the grounds of parity and the duration of his pretrial detention.
Source reference: para. 7Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant bail
Source reference: para. 1Sections 317, 318, 61(2)(a), 338, 339, 340, and 341 of the Bhartiya Nyaya Sanhita (BNS), 2023
Source reference: para. 1The principle of parity in bail, ensuring that similarly situated co-accused receive consistent judicial treatment
Source reference: para. 7Reasoning
The court observed that the investigation was complete as the charge-sheet had already been submitted before the competent court
Source reference: para. 7It noted that the applicant had been in custody for exactly one year (since 23.04.2025) and that the trial's conclusion would likely take significant time
Source reference: para. 7Most crucially, the court found that since two other co-accused persons, Abhishek Jaiswal and Rajesh Sonkar, had been granted regular bail via orders dated 10.04.2026 and 20.04.2026 respectively, the applicant was entitled to the same relief on the ground of parity
Source reference: para. 7The State counsel did not dispute these facts
Source reference: para. 5Holding
The court allowed the second bail application, holding that the applicant is entitled to be released on bail on the ground of parity and the length of his incarceration
The court ordered the applicant's release on a personal bond with two sureties, subject to conditions including: mandatory attendance at all trial dates, no seeking of adjournments when witnesses are present, and compliance with Section 269 and Section 209 of the BNS regarding presence and non-absconding
Source reference: para. 8Original Court PDF
SUKHDEV SAHUvsSTATE OF CHHATTISGARH
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