Regular bail granted on ground of parity despite criminal antecedents as investigation is complete.

The applicant, Rupesh Sahu, filed a second bail application seeking regular bail following his arrest on August 12, 2025.

The prosecution case originated from an FIR lodged on February 26, 2025, by complainant Chhedilal Sahu, alleging that several individuals induced him to invest ₹39,10,000 in share market activities with a fraudulent promise of doubling the amount within two years.

The applicant's name surfaced via memorandum statements of co-accused persons.

While the first bail application of a co-accused was rejected on December 9, 2025, other co-accused persons were subsequently granted bail on March 13, 2026.

The investigation has concluded and a charge-sheet has been filed.

1. Whether the applicant is entitled to regular bail on the grounds of parity and the duration of his pretrial detention under the prevailing circumstances of the case.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant regular bail.

Sections 409, 418, 420, and 34 of the Indian Penal Code (IPC) and Section 111 of the Bharatiya Nyaya Sanhita (BNS).

Principle of parity in bail jurisprudence, which suggests that similarly situated accused persons should be treated equally unless distinct circumstances exist.

Procedural compliance under Section 269 of the BNS and Sections 84, 209, and 351 of the BNSS.

The Court weighed the gravity of the allegations and the applicant’s criminal record (two antecedents) against the procedural status of the case.

The Court noted that the investigation was complete and a charge-sheet had been filed, reducing the risk of interference with evidence.

Crucially, the Court observed that although a previous bail application of a co-accused had been rejected on merits earlier, a co-accused was recently granted bail in March 2026.

The State counsel could not dispute that the applicant's case was identical to that of the co-accused who was released.

Given that the applicant had been in custody since August 2025 and the trial was expected to be prolonged, the Court determined that continued detention was not warranted on the grounds of parity.

The Court allowed the application and directed the release of Rupesh Sahu on bail upon furnishing a personal bond with two sureties, subject to strict conditions including attendance at all trial stages and compliance with court proclamations.