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Parity

3 judgments · all topics

Telangana HC: anticipatory bail refused to accused who allegedly struck victim's head with iron rod, granted to two co-accused

The question: Should anticipatory bail be granted to all three accused in an assault arising from a land dispute?

The Telangana High Court has partly allowed a petition for anticipatory bail in a land-dispute assault case, refusing it to the accused who allegedly struck the victim on the head with an iron rod and granting it to two co-accused whose custody was not shown to be necessary. Justice N. Tukaramji held that an anticipatory bail petition is not a mini-trial and that parity cannot be applied mechanically merely because the accused are implicated in the same occurrence. The petitioners, Arikala Kumar and two others, are accused Nos. 1 to 3 in Crime No. 204 of 2026 of Havelighanpur Police Station, Medak District, for offences under Sections 118(1), 115(2), 126(2) and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. They sought pre-arrest bail under Section 482 BNSS. According to the prosecution, on 28 August 2026 at about 8 PM, against the backdrop of a land dispute, they wrongfully restrained the de facto complainant's father on his motorcycle and abused him. Accused No. 1 allegedly hit him on the head with an iron rod and accused No. 2 beat him with a stick, causing bleeding injuries. When the mother intervened, accused No. 1 allegedly hit her with the same rod and accused No. 2 also beat her.

Partly allowed CRLP/14306/2026
Gujarat High Court ·29 Sep 2026 ·Bail

Gujarat HC refuses bail in cyber fraud run through 142 bank accounts; economic offence, no parity with employee co-accused

The question: Is the applicant entitled to bail after the chargesheet in a large economic offence involving mule bank accounts?

The Gujarat High Court has refused successive regular bail after chargesheet to a man accused of running a large cyber fraud through 142 bank accounts and 14 fictitious firms, holding that it was a serious economic offence and that he could not claim parity with a co-accused who acted at his behest. Justice Hasmukh D. Suthar relied on the Supreme Court's observations in Rakesh Mittal v. Ajay Pal Gupta on bail in offences of a pecuniary nature, but directed the trial court to expedite the trial and provide legal aid if needed. The applicant, Kalpeshbhai Rajeshbhai Chunilal Jinjuwadia Soni, sought bail under Section 483 BNSS in C.R. No. 11191011260172 of 2026 of DCB Police Station, Ahmedabad City, for offences under Sections 317(2), 318(3) and 61(2) of the Bharatiya Nyaya Sanhita. He has been in custody since 18 June 2026. The investigation is over, the chargesheet has been filed and the prosecution has cited 187 witnesses. He argued that his role was limited to that of a broker and employee who opened bank accounts for a salary of Rs 30,000 a month, that nothing remained to be recovered, and that parity applied with co-accused Pankaj.

Dismissed CR.MA/22324/2026
Delhi High Court ·29 Sep 2026 ·Bail

Delhi HC grants bail in MCOCA drug-syndicate case on parity with sister freed by Supreme Court; Section 21(4) MCOCA met

The question: Is the appellant entitled to bail on parity with her co-accused sister, whom the Supreme Court released in the same prosecution?

The Delhi High Court has granted regular bail to Deepa Singh, accused of being part of an organised drug syndicate, holding that after the Supreme Court released her co-accused sister Anuradha in the same case, nothing in the material placed her on a qualitatively graver footing. Justice Sanjeev Narula held that, on broad probabilities, there were reasonable grounds for believing she was not guilty of the MCOCA offences alleged, which satisfied the first limb of Section 21(4) MCOCA, and that the second limb was also met. The appeal was filed under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 against an order of 3 September 2026 of the Special Exclusive Court-13 (MCOCA), Rouse Avenue Courts, rejecting her regular bail. FIR No. 186/2025 of P.S. Sultanpuri followed a raid on 10 March 2025 in which 385.53 grams, gross weight, of heroin and 47.09 grams of Tramadol were recovered. The prosecution invoked MCOCA against an alleged family-run syndicate headed by the appellant's mother, Kusum. The appellant and her sister Anuradha @ Chiku surrendered on 12 September 2025. Anuradha's bail appeal was dismissed by the High Court on 6 January 2026, but on 24 July 2026 the Supreme Court set that judgment aside and directed her release on bail.

Allowed CRL.A./939/2026