The court held that co-accused are entitled to regular bail on the ground of parity when the main accused has already been granted bail and the investigation is complete (charge-sheet filed).

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 297/2024, registered at Police Station : Arjuni District Dhamtari, (C.G.) for the offence punishable under Sections 420, 468, 471 & 34 of IPC.

2. As per the prosecution case, it is alleged that the accused persons, in furtherance of their common intention, induced the complainant on the pretext of providing employment, dishonestly obtained money from him, and forged documents in connection therewith. The applicants were arrested on 10.12.2025 and have been in judicial custody since then. The investigation has been completed and the charge-sheet has been filed before the competent Court. Hence this bail application.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, and that they have not committed any offence as alleged. It is further submitted that the main accused has already been granted bail by this Court in MCRC No. 674/2025 vide order dated 24.01.2025, and the present applicants are entitled to parity. It is also submitted that applicant No.1 has one criminal antecedent, whereas applicant No.2 has no previous criminal antecedents. The charge-sheet has already been filed before the competent Court, the applicants are in custody since 10.12.2025, and the conclusion of trial is likely to take a considerable period. Therefore, it is prayed that the applicants be enlarged on regular bail.

4. On the other hand, the learned State counsel vehemently opposed the bail application of the present applicants and submitted that the charge sheet has been submitted before the competent Court and one of the accused is having previous criminal antecedent, therefore, it is prayed that the present applicants are not entitled to be granted regular bail in this case.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, particularly the fact that the main accused has already been granted bail by this Court in MCRC No. 674/2025 vide order dated 24.01.2025, and further considering that the applicants are in custody since 10.12.2025, the charge-sheet has been filed before the competent Court, and the conclusion of the trial is likely to take considerable time. This Court is of the considered view that the applicants are entitled to be released on regular bail on the ground of parity.

7. Accordingly, the bail application of the applicants is allowed. Let the Applicants – Ravi Kumar & Shashi Kashyap, involved in Crime No.297/2024, registered at Police Station : Arjuni District Dhamtari, (C.G.) for the offence punishable under Sections 420, 468, 471 & 34 of IPC, be released on bail on furnishing personal bond with one surety each respectively in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against h