Regular bail granted based on parity and prolonged incarceration pending conclusion of the trial.

The applicant, Ashish Kumar Rath, Director of Soul Art of Finance Company Pvt. Ltd., was arrested on September 12, 2025, in connection with Crime No. 299/2025

The complainant, Dr. Sayyed Moiluq Haq, alleged that he and another individual transferred a total of Rs. 22,30,000 to the applicant’s company via cheque

It is further alleged that the applicant issued forged tax documents and bond papers to the complainant

The applicant sought regular bail before the High Court, arguing that he had been falsely implicated and highlighting that he had already been granted bail in a similar case by the same court on March 16, 2026

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) given his period of incarceration and the status of the trial

The Court exercised its jurisdiction under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail

The applicant was charged under Sections 318(4), 338, 336(3), 340(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS)

The court’s decision was guided by the principle of judicial consistency, referencing its own prior order in MCRC No. 1150/2026, where the applicant was granted bail in a similarly situated matter

It further considered the procedural requirements for bail conditions under Sections 209, 269, and 351 of the BNSS/BNS framework

The Court noted that the applicant had been in custody since September 12, 2025, and observed that the trial was likely to be prolonged

A pivotal factor in the Court's reasoning was the fact that the applicant had already secured bail in a similar case (MCRC No. 1150/2026) just one week prior

The State counsel admitted this fact and could not provide a distinguishing reason to deny bail in the present instance

Applying these facts to the timeline of the trial, the Court determined that continued pretrial detention was not warranted, provided that strict conditions were imposed to ensure the applicant’s participation in the legal process and to prevent the abuse of liberty

The grant of bail is subject to several conditions: (i) the applicant must not seek adjournments during the evidence stage; (ii) mandatory presence on all trial dates; (iii) personal presence during the framing of charges and recording of statements under Section 351 of BNSS; and (iv) the threat of proceedings under Sections 209 and 269 of the BNS in the event of default or misuse of liberty

The trial court was directed to ensure strict compliance with these conditions