Regular bail granted on grounds of parity and absence of criminal antecedents following filing of charge-sheet.

The applicant, Deepak Yadav, filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail following his arrest on November 28, 2025, in connection with Crime No. 49/2025

The prosecution alleged that during a surprise inspection of an English composite liquor shop on November 25, 2025, a physical cash shortage of ₹92,09,370/- was discovered, and an additional ₹60,38,404/- had not been deposited into the bank account

Total embezzlement amounting to ₹1,52,47,774/- was attributed to the applicant and four other co-accused persons between October 1, 2025, and November 24, 2025

The applicant was charged under Sections 316(5), 336(3), 3(5), 318, 338, 340, and 61 of the Bharatiya Nyaya Sanhita (BNS)

Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the filing of the charge-sheet and the principle of parity with a co-accused

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court's power to grant regular bail

The substantive charges were brought under the Bharatiya Nyaya Sanhita (BNS), including Section 316(5) (criminal breach of trust by a public servant, banker, merchant, or agent) read with Section 3(5) (common intention)

The Court also applied the principle of parity in bail jurisprudence, acknowledging that a co-accused in the same crime had already been granted relief

The Court evaluated the application based on the nature of the allegations and the procedural status of the case.

It noted that the investigation was substantially complete as the charge-sheet had already been filed

The Court observed that the applicant had no prior criminal antecedents

Crucially, the Court found that a co-accused, Ajay Kumar Sharma, had been granted bail by the same Court on January 29, 2026, in MCRC No. 10419 of 2025

Given that the applicant had been in custody since November 28, 2025, and the trial was unlikely to conclude in the near future, the Court determined that further pretrial detention was unnecessary

The grant of bail was made subject to several conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence before the trial court under penalty of Section 269 BNS; (iii) compliance with proclamations under Section 84 BNSS to avoid proceedings under Section 209 BNS; and (iv) personal presence during key trial stages such as the framing of charges and recording of statements under Section 351 BNSS