Facts
The applicant was arrested on February 18, 2025, in connection with Crime No. 44/2025 for allegedly acting as a "mule" bank account holder/facilitator in a cyber fraud scheme
Source reference: para 1, 3According to the prosecution, the "Samanvay" Portal revealed that Rs. 36,48,448, obtained through fraudulent means, was deposited into 104 bank accounts between January and December 2024
Source reference: para 2The applicant was accused of knowingly allowing his account to be used for concealing and utilizing these proceeds
Source reference: para 2A first information report (FIR) was lodged by the Range Cyber Thana, Raipur, and a charge sheet has since been filed
Source reference: para 2, 3The applicant sought regular bail primarily on the grounds of parity with co-accused individuals who had already been released
Source reference: para 3Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the current stage of the trial
Source reference: para 1, 6Law Applied
The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the grant of regular bail
Source reference: para 1It invoked the Principle of Parity, referencing the Supreme Court’s order in Harmeet Singh @ Yashmit v. State (Special Leave to Appeal (Crl.) No. 15006/2025) and the High Court’s previous order in Om Arya v. State (MCRC No. 9388/2025), where similarly situated co-accused were granted bail
Source reference: para 3, 6The court also considered procedural requirements under Sections 84, 209, 269, and 351 of the BNSS and Bharatiya Nyaya Sanhita (BNS) to ensure the applicant’s participation in the trial
Source reference: para 7Reasoning
The court analyzed the circumstances of the applicant’s detention alongside the progress of the legal proceedings.
Source reference: para 3, 6It noted that the applicant had been in custody since February 18, 2025, and that the investigation was effectively complete as the charge sheet had been filed
Source reference: para 3, 6The court emphasized that two other co-accused, Harmeet Singh and Om Arya, who faced similar allegations, had been granted bail by the Supreme Court and the High Court, respectively
Source reference: para 6Relying on the principle of parity and observing that the conclusion of the trial would likely take considerable time, the court determined that further incarceration was unnecessary
Source reference: para 6The court clarified that this grant of bail was made without commenting on the underlying merits of the case
Source reference: para 6Holding
The High Court allowed the bail application and directed the release of the applicant on a personal bond with two sureties
The holding clarified that the applicant is entitled to bail on the grounds of parity and the filing of the charge sheet
Source reference: para 6The release is subject to several conditions: (i) the applicant must not seek adjournments when witnesses are present; (ii) he must appear at every hearing or face proceedings under Section 269 of the BNS; (iii) failure to appear after a proclamation under Section 84 of the BNSS will trigger proceedings under Section 209 of the BNS; and (iv) he must be personally present for the opening of the case, framing of charges, and recording of statements under Section 351 of the BNSS
Source reference: para 7Original Court PDF
PURHOTTAM DEWANGANvsSTATE OF CHHATTISGARH
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