Accused released on personal bond as co-accused remain unarrested; State raises no opposition.
In a significant development, the Delhi High Court has granted regular bail to an accused involved in a cyber fraud case under the Bharatiya Nyaya Sanhita, 2023. The decision was pronounced by Justice Girish Kathpalia, who cited the principle of parity as the primary reason for granting bail.
The case revolves around allegations that the accused was part of a cyber fraud network and benefited from the cheated amount, which was deposited into a joint bank account held with a co-accused. Despite the gravity of the charges, the court noted that several co-accused, including Saleem, H.S. Kohli, Sandeep, Nasim, and Santosh, have not been arrested. The court emphasized that law enforcement cannot selectively decide whom to arrest in such matters.
The court's decision was influenced by the State’s stance, which, on instructions from police officials present in the courtroom, expressed no objection to granting bail. This was seen as a pivotal point, as the State’s lack of opposition aligned with the principle of parity, reinforcing the argument for bail.
Justice Kathpalia ordered the accused to be released on a personal bond of Rs. 25,000 with one surety of the same amount. The court directed that a copy of the order be transmitted immediately to the concerned Jail Superintendent to facilitate the accused's release.
This decision underscores the judiciary's commitment to ensuring fairness in the legal process, particularly in cases where similarly placed individuals are treated differently by law enforcement. The ruling serves as a reminder of the importance of upholding the principle of parity in judicial decisions.
Bottom Line :
Bail - Regular bail granted in cyber fraud case under Bharatiya Nyaya Sanhita, 2023 on principle of parity where co-accused persons were not arrested and State did not oppose grant of bail.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 112(2), 317(2), 318(4), 61(2)
Mr X v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2989541
