Parity and prolonged detention justify regular bail in financial crimes involving mule bank accounts.

The applicants were arrested on May 18, 2025, in connection with Crime No. 145/2025 registered at Police Station Rajim for an alleged mule bank account racket

Investigation revealed seven mule accounts at the Bank of Maharashtra with transactions totaling ₹4,16,96,238/-

It was alleged that the applicants provided their bank accounts to third parties in exchange for commissions/dividends, facilitating cyber-crimes identified via the Ministry of Home Affairs Coordination Portal

The applicants filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following their prolonged detention

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS based on the principle of parity and prolonged judicial custody

The Court considered Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, regarding the power of the High Court to grant bail

Substantive charges were registered under Sections 317(2), 317(4), 318(4), 61(2)(A), and 3(5) of the Bharatiya Nyaya Sanhita (BNS)

The Court also applied the principle of parity, relying on the fact that co-accused Mohnish Kumar Tandiya was granted bail by the Supreme Court (SLP (Crl.) No. 18750/2025) and another co-accused, Pawan Kumar Miri, was granted bail by the High Court in MCRC No. 985/2026

The Court weighed the State's objections regarding the serious nature of the mule account racket and potential witness tampering against the applicants' right to liberty

The Court noted that the applicants had been in judicial custody since May 18, 2025, and the trial was likely to be protracted

Critically, the Court observed that the charge-sheet had already been filed, and the applicants had no prior criminal antecedents

By applying the principle of parity, the Court determined that since similarly situated co-accused had been granted relief by the Supreme Court and the High Court, and the investigation against the present applicants was complete, continued incarceration was not warranted

The holding established that parity and the completion of the investigation (filing of charge-sheet) are significant grounds for bail in financial/cyber-mule allegations

The release was subject to the applicants furnishing a personal bond with two sureties and adhering to strict conditions, including a prohibition on seeking unnecessary adjournments and a mandate for personal appearance during trial stages under Sections 269 and 351 of the BNSS