Facts
The applicant, Lakheshwar Prasad Kiran, filed a regular bail application following his arrest on February 11, 2026, in connection with Crime No. 30/2025.
Source reference: para. 1, 3The prosecution alleged that the applicant facilitated a fraudulent land acquisition scheme for the Raipur-Visakhapatnam Economic Corridor project where land already owned by the Government was sold back to the Government, and compensation was illegally disbursed to unauthorized persons, causing loss to the state exchequer.
Source reference: para. 2The applicant contended he was falsely implicated, no recovery was pending from him, and that eight other co-accused persons had already been granted bail by the High Court.
Source reference: para. 3Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the grounds of parity and the completion of the investigation.
Source reference: para. 3, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.
Source reference: para. 1The principle of parity in criminal jurisprudence, whereby an accused may be granted bail if similarly situated co-accused persons have already been released.
Source reference: para. 3, 6Sections 420, 467, 468, 471, and 120-B of the Indian Penal Code, 1860, and Section 7(C) of the Prevention of Corruption Act, 1988.
Source reference: para. 1, 7Reasoning
The Court observed that while the applicant and other co-accused were involved in the same alleged crime, several co-accused (Shashikant Kurre, Smt. Basanti Dhritlahrey, et al.) had been granted bail between July 2025 and April 2026.
Source reference: para. 3, 6The Court noted that the applicant's case was identical to those who had already been released.
Source reference: para. 6The Court took into account that the charge-sheet had already been filed, the applicant had no prior criminal record, and he had been in custody since February 11, 2026; given that the trial was expected to take considerable time, the Court reasoned that continued incarceration was unnecessary.
Source reference: para. 6Holding
The Court allowed the bail application on the ground of parity.
The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties, subject to specific conditions: (i) no seeking of unnecessary adjournments; (ii) mandatory presence at trial dates under penalty of Section 269 of the Bharatiya Nyaya Sanhita (BNS); (iii) liability under Section 209 BNS for non-appearance; and (iv) personal appearance for framing of charges and recording of statements under Section 351 BNSS.
Source reference: para. 7Original Court PDF
LAKHESHWAR PRASAD KIRANvsSTATE OF CHHATTISGARH
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