Second Regular Bail Granted on Grounds of Parity with Co-Accused Benefiting from Supreme Court Relief.

The applicant filed a second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

He was arrested in connection with Crime No. 129/2025 for allegedly facilitating cyber fraud involving the embezzlement of ₹64,10,855/- through fraudulent bank accounts.

The applicant's first bail application (MCRC No. 1622 of 2026) was rejected on merits on 19.02.2026.

The applicant moved this second application citing a change in circumstances, specifically that the Supreme Court and the High Court had granted bail to four similarly situated co-accused persons (Ishika Singh, Avinash Tandekar, Krishna Ghodesawar, and Jayant Ghosh).

1. Whether the applicant is entitled to the grant of regular bail on the ground of parity with co-accused persons who were granted bail by superior and coordinate courts.

Section 483 of the BNSS (corresponding to Section 439 of the CrPC) regarding the High Court's power to grant regular bail.

Principle of Parity in Bail, which dictates that if similarly situated co-accused have been granted relief by a superior or coordinate court, the same benefit should generally be extended to the applicant to ensure uniformity.

The filing of the charge-sheet as a material change in the stage of the proceedings.

The Court observed that three other co-accused had also secured bail from the High Court between January and April 2026.

While the State Counsel argued that the applicant was involved in organized cyber fraud and the diversion of crime proceeds, they could not dispute the fact that the Hon’ble Supreme Court had granted bail to a similarly situated co-accused, Ishika Singh, in Criminal Appeal No. 4494/2025.

Given that the investigation was complete and the charge-sheet had been filed, the Court reasoned that the applicant’s case mirrored that of the co-accused already at liberty, necessitating the application of the rule of parity to grant bail.

The Court ordered the release of Kishore Chhabda on a personal bond with two sureties, subject to several conditions: the applicant must not seek unnecessary adjournments, must appear at all trial stages, and must comply with procedures under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS).

The trial court was directed to treat any breach of conditions as an abuse of liberty.