Chhattisgarh High Court

Grant of regular bail on the ground of parity and submission of charge-sheet in banking fraud.

SUKHDEV SAHU vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 3

The 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. 2

The 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. 4

Charge-sheet has already been filed in the matter

Source reference: para. 5
02

Issues

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. 7
03

Law 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. 1

Sections 317, 318, 61(2)(a), 338, 339, 340, and 341 of the Bhartiya Nyaya Sanhita (BNS), 2023

Source reference: para. 1

The principle of parity in bail, ensuring that similarly situated co-accused receive consistent judicial treatment

Source reference: para. 7
04

Reasoning

The court observed that the investigation was complete as the charge-sheet had already been submitted before the competent court

Source reference: para. 7

It 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. 7

Most 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. 7

The State counsel did not dispute these facts

Source reference: para. 5
05

Holding

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. 8
Chhattisgarh High Court

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SUKHDEV SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 23, 2026

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