Regular bail granted on parity and delay where co-accused was released and main accused deceased.

The applicant, a 65-year-old former Housing Supervisor, seeks regular bail regarding an FIR registered in the year 2000 for alleged financial fraud occurring between 1995–1998.

It is alleged that the applicant conspired with a housing society chairman to sanction 186 housing loans totaling Rs. 1.86 crore based on non-existent houses and untraceable beneficiaries.

Although the FIR was lodged in 2000, the applicant was only arrested in 2026.

The applicant contends he cooperated with the investigation, is a senior citizen, and that a co-accused (Pradeep Kumar Neekhra) has already been granted bail.

The State opposed the bail noting that the charge-sheet has been filed but conceded to the co-accused’s bail.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, based on parity and the inordinate delay in arrest.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC) regarding high court powers for regular bail.

The court relied on the principle of parity, ensuring that similarly situated accused persons (such as co-accused Pradeep Kumar Neekhra) receive similar treatment regarding liberty.

The Court also considered the impact of inordinate delay (25-26 years) between FIR registration and arrest as a factor weighing against the necessity of custodial interrogation.

Sections 406, 409, 420, 467, 468, 471, 120-B of the IPC and Sections 13(1) and 13(2) of the Prevention of Corruption Act, 1988 defined the underlying alleged offenses.

The Court observed that while the allegations involved serious financial misappropriation, the Prosecution failed to explain the 26-year delay between the FIR (2000) and the arrest (2026).

The Court noted that the applicant is a 65-year-old senior citizen with no criminal antecedents and had cooperated with the investigation.

Crucially, the Court found that the main accused had died and that a co-accused, Pradeep Kumar Neekhra, had already been granted bail by the same Court in MCRC No. 3921/2026.

Applying these facts, the Court determined that the principle of parity applied and that further incarceration was not warranted.

The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties, conditioned on strict procedural requirements including appearance for all scheduled hearings and subjection to proceedings under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) should he default or misuse liberty.