Grant of Regular Bail to Accused Under BNSS on Grounds of Parity and Completion of Investigation

The applicant, Aatma Ram Sahu, sought regular bail in connection with five separate FIRs (Crime Nos. 378/2025, 470/2025, 433/2025, 430/2025, and 170/2025) involving allegations of financial fraud

The prosecution alleged that the applicant and co-accused individuals induced various complainants to invest large sums of money—ranging from approximately ₹22 lakhs to over ₹1.5 crores—under the false promise of doubling the investment within two years through share trading

The complainants alleged the amounts were never returned.

The applicant was arrested in September 2025

Following the completion of the investigation, charge-sheets were filed

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the principle of parity and the duration of his incarceration.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail

Section 318(4) (Cheating), Section 316(5) (Criminal breach of trust), and Section 111 (Organized crime) of the Bharatiya Nyaya Sanhita (BNS)

The judicial principle of parity was integral to the decision, as the court considered previous orders granting bail to co-accused persons in the same crime numbers (e.g., MCRC No. 7007/2025 and others)

The Court analyzed the eligibility for bail by weighing the gravity of the allegations against the procedural status of the cases. It noted that the investigation was complete and charge-sheets had been filed, meaning custodial interrogation was no longer required

Crucially, the Court observed that in all five FIRs, the co-accused persons had already been granted bail by the High Court in late 2025

The Court further considered that the applicant had been in jail since early September 2025 and that the trial was likely to take a significant amount of time to conclude

The State’s opposition was noted, but the State counsel could not dispute the fact that parity applied since the co-accused were already at liberty

The Court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond with two sureties