Chhattisgarh HC Grants Bail on Ground of Parity in Cyber Fraud Case

Relying on the principle of parity, the Chhattisgarh High Court has ordered the release of a retail trader accused of cyber fraud after a co-accused was granted relief by the Supreme Court. Justice Rakesh Mohan Pandey presided over the regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant sought liberty in connection with a crime involving significant bank deposits flagged as cyber fraud under the Bharatiya Nyaya Sanhita, 2023.

Key Takeaways

Primacy of Judicial Parity

Bail granted by a superior court to a co-accused serves as a strong persuasive ground for granting similar relief to others facing identical allegations.

Procedural Protections for Traders

The Chhattisgarh High Court acknowledged the professional impact of continued incarceration on a retail trader, especially when the investigation is complete.

Impact of Completed Investigation

The filing of a charge-sheet and the absence of prior criminal records significantly weigh in favor of the applicant when the trial is expected to be prolonged.

Consideration of Bail on the Ground of Parity

The Chhattisgarh High Court noted that the applicant had been in custody since June 2025 and that the trial would likely take considerable time to conclude. The Court, in its reasoning, observed: "Taking into consideration the facts and circumstances of the case, nature and gravity of offence and further the fact that though the present applicant and other co-accused were committed the said crime, but other co-accused namely, Shivaji Chandra, has been granted bail by the Hon'ble Supreme Court, in Shivaji Chandra v. State of Chhattisgarh ( "SLP (Crl.) No. 865/2026": 2026 CaseBase(SC) 4320) vide order dated 02.04.2026, and the case of present applicant is identical to that of the co-accused person... the applicant is entitled to be released on bail in this case on the ground of parity."

Ratio

When a co-accused in the same crime is granted bail by a higher court (such as the Supreme Court) and the case of the present applicant is identical in nature and circumstances, the applicant is entitled to bail on the ground of parity, particularly when the charge-sheet is filed and the applicant has no prior criminal history.

Background

The prosecution alleged that ₹5,22,798/- was deposited into various bank accounts between June 2024 and August 2025 through cyber fraud. The applicant was implicated based on the memorandum statements of co-accused persons, who claimed a SIM card registered in the applicant's name was used in the crime. The applicant's counsel argued that no incriminating material was recovered directly from him and emphasized that he was a 23-year-old retail trader. Crucially, it was pointed out that the Supreme Court in Shivaji Chandra v. State of Chhattisgarh ( "SLP (Crl.) No. 865/2026": 2026 CaseBase(SC) 4320) had already granted bail to a co-accused. The State, while opposing the bail, could not dispute the similarity between the applicant's case and that of the co-accused who received relief from the Apex Court.

Case Details:
Case No.: MCRC No. 7771 of 2026
Neutral Citation: 2026:CGHC:39812
Case Title: Anish Agrawal v. State Of Chhattisgarh
Appearances:
For the Petitioner(s): Shalvik Tiwari, Advocate
For the Respondent(s): Mr. Jitendra Shrivastava, G.A.

Source: 2026 CaseBase(CTH) 16451