Regular bail granted on ground of parity with identically situated co-accused already released from custody.

The complainant, an employee at SKS Power Plant, was induced via a WhatsApp link to join a share trading group and download the "Samara Pro" application.

Between March 9 and March 27, 2024, the complainant invested Rs. 91,00,000/- based on advice from individuals claiming to be associated with Samara Capital.

Although his portfolio allegedly grew to Rs. 5.26 crore, the accused persons restricted his access and liquidated his holdings after he refused to pay additional sums demanded as "profit difference".

The applicant, Kuldeep Singh, was arrested on May 7, 2025, in connection with Crime No. 412/2024 for alleged cheating and cyber fraud.

Following the completion of the investigation, a charge-sheet was filed.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, primarily on the ground of parity with co-accused persons already released.

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

The substantive charges involve Section 420 of the Indian Penal Code (IPC) for cheating and Section 66(D) of the Information Technology Act for personation using computer resources.

The court relied on the principle of parity, noting the bail orders for co-accused Ashish Agrawal (granted by the Supreme Court in SLP (Crl.) No. 21040/2025) and Shekhar Thapliyal (granted by the Chhattisgarh High Court in MCRC No. 1929/2026).

Procedural conditions for bail were governed by Sections 84, 209, 269, and 351 of the BNSS.

The court observed that while the applicant has one criminal antecedent, the investigation is complete as the charge-sheet has already been filed.

The court emphasized the principle of parity, noting that the State did not dispute that the applicant’s role and situation were identical to those of co-accused Ashish Agrawal and Shekhar Thapliyal, both of whom were granted bail by the Hon'ble Apex Court and the High Court, respectively.

Furthermore, the court considered the applicant's period of incarceration since May 7, 2025, and the likelihood that the trial would consume significant time, concluding that continued detention was unnecessary.

The Court ordered the release of Kuldeep Singh upon furnishing a personal bond with two local sureties.

The bail is subject to several conditions: the applicant must not seek adjournments during witness testimony, must attend all trial dates (subject to Section 269 BNSS for non-appearance), and must remain present for critical trial stages such as framing of charges and recording of statements under Section 351 BNSS.

Failure to comply or absconding will trigger proceedings under Sections 84 and 209 of the BNSS.