Facts
The applicants were arrested on December 10, 2025, in connection with Crime No. 297/2024 for allegedly inducing a complainant to pay money under the pretext of providing employment and forging documents for the same
Source reference: para 2The prosecution filed a charge-sheet alleging common intention in committing fraud and forgery
Source reference: para 2The applicants moved the High Court for regular bail, arguing parity with a co-accused who was granted bail on January 24, 2025, and noting that the investigation was complete while the trial would be prolonged
Source reference: para 3Issues
Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, on the grounds of parity and prolonged trial
Source reference: para 1, 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC) regarding the High Court's power to grant regular bail
Source reference: para 1Principle of parity in bail jurisprudence, which suggests that similarly situated co-accused should be treated equally
Source reference: para 6Sections 420 (cheating), 468 (forgery for purpose of cheating), 471 (using forged document), and 34 (common intention) of the IPC
Source reference: para 1Procedural obligations under Sections 269, 84, 209, and 351 of the BNSS regarding the accused's appearance and conduct during trial
Source reference: para 7Reasoning
The Court observed that the investigation was concluded and the charge-sheet had already been submitted to the competent court
Source reference: para 6It placed significant weight on the fact that the main accused had already been granted bail by the same Court in MCRC No. 674/2025
Source reference: para 6Despite the State’s objection regarding the criminal antecedent of Applicant No. 1, the Court determined that because the applicants had been in custody since late 2025 and the trial was unlikely to conclude in a short timeframe, the liberty of the individuals outweighed continued detention
Source reference: para 6The Court reasoned that parity was applicable, and bail could be granted subject to stringent conditions to ensure their presence at trial
Source reference: para 7Holding
The holding established that the applicants were entitled to bail on the ground of parity
The Court allowed the bail application and ordered the release of Ravi Kumar and Shashi Kashyap upon furnishing a personal bond and one surety each, subject to specific conditions including appearance at all trial stages and no unnecessary adjournments
Source reference: para 7Original Court PDF
RAVI KUMAR KASHYAPvsTHE STATE OF CHHATTISGARH
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