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2026 Supreme(Online)(Chh) 10571

HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
BHANU PRATAP SEN – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRC No. 2498 of 2026



Advocates:
For the Appellants/Petitioners: Virendra Kashyap
For the Respondents: Vaishali Mahilong

The court held that the applicant is entitled to regular bail based on the principle of parity, as similarly situated co-accused in the same crime had already been granted bail by the Supreme Court and the High Court.

Headnote:(A) Bail - Principle of Parity - When similarly situated co-accused have been granted bail by the Supreme Court and the High Court on similar grounds, the applicant is entitled to be released on bail based on the principle of parity. (Para 6)

Issues: Whether the applicant is entitled to regular bail on the ground of parity with co-accused.

Table of Content
1. allegations of cyber fraud involving fraudulent deposits into bank accounts. (Para 1 , 2)
2. claim for bail based on the principle of parity with co-accused. (Para 3 , 4)
3. granting of bail based on parity when co-accused are released. (Para 5 , 6)
4. imposition of conditions for the grant of regular bail. (Para 7 , 8)

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 79/2025, registered at Police Station – State of Chhattisgarh, through Police Station Range Cyber Police Station, District - Raipur(C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023.

2. As per the prosecution, multiple accused persons allegedly deposited amounts obtained through cyber fraud into their respective bank accounts. It is alleged that a total amount of Rs. 27,27,556/- was deposited in different accounts of the accused persons, including that of the present applicant, with knowledge that the said amount was fraudulently obtained. It is respectfully submitted that the applicant has no direct role in the alleged cyber fraud, nor is there any allegation that the applicant committed the principal offence. The applicant has been implicated solely on the basis of alleged transactions, without any mens rea or direct involvement. The applicant was arrested on 20.05.2025 by the State of Chhattisgarh through Police Station, Cyber Range Raipur, District Raipur (Chhattisgarh), for the alleged offences punishable under Sections 317(2), 317(4), 317(5), and 111 of the Bharatiya Nyaya Sanhita, 2023.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that a similarly situated co-accused, namely Bhagawat Prasad Shukla , has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 20364/2025, vide order dated 16.01.2026. Subsequently, on the same grounds, another co-accused, namely Ayush Pandey , has been granted bail by this Court vide order dated 13.02.2026 passed in MCRC No. 1586/2025. In view of the principle of parity, learned counsel prays that the applicant may also be enlarged on bail.

4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the case, however, she could not dispute the fact that the co-accused have been granted bail by the Hon’ble Supreme Court and by this Court.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed against the applicant, and further the fact that a similarly situated co-accused, namely Bhagawat Prasad Shukla , has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 20364/2025, vide order dated 16.01.2026. Subsequently, on the same grounds, another co-accused, namely Ayush Pandey , has been granted bail by this Court vide order dated 13.02.2026 passed in MCRC No. 1586/2025, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail.

7. Let applicant, Bhanu Pratap Sen, involved in Crime No. 79/2025, registered at Police Station – State of Chhattisgarh, through Police Station Range Cyber Police Station, District - Raipur(C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the ef

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