Parveen Kumar Rai vs. State Of Punjab

Facts

The petitioner, Parveen Kumar Rai, is seeking regular bail in FIR No. 21 dated 01.08.2024, registered under Sections 318, 319, 61 of the BNS, 2023 and Sections 66-C, 66-D of the Information Technology Act, 2000, at Police Station Punjab State Cyber Crime, District SAS Nagar (Mohali). The FIR was lodged based on a complaint by Harish Gupta, alleging that on 31.07.2024, his employee transferred Rs. 49,60,401/- to a fraudulent bank account after receiving a WhatsApp message from an account impersonating the complainant. The petitioner was arrested on 02.08.2024. His earlier bail applications before the Additional Sessions Judge and this Court were dismissed or withdrawn. This is his third petition before the High Court.

Held

The Court held that the petitioner is entitled to regular bail on the grounds of parity. It noted that the petitioner was arrested on 02.08.2024 and that a co-accused, Abhishek Kumar Singh, had already been granted regular bail by this Court vide order dated 19.03.2026. The Court acknowledged that the veracity of the allegations would be assessed during the trial. Given the arguments presented by both sides, and particularly the concession by the State counsel that the petitioner's case is similar to the co-accused who was granted bail, the Court found that the petitioner had made out a case for the grant of regular bail on the basis of parity. The Court refrained from commenting on the merits of the case, stating that the trial would take a considerable time. Consequently, the petition was allowed, and the petitioner was ordered to be released on bail upon furnishing bail/surety bonds to the satisfaction of the trial court. The Court also stipulated that if bail bonds were not furnished within seven days, the petitioner's further custody period after one week would not be counted.

Key Issues

1. Whether the petitioner is entitled to regular bail on the grounds of parity with a co-accused, specifically Abhishek Kumar Singh, who has already been granted bail by this Court? Petitioner's Argument: The petitioner's counsel argued that the petitioner's case is at par with that of co-accused Abhishek Kumar Singh, who was granted regular bail by this Court in CRM-M-58351-2025 on 19.03.2026. Therefore, based on parity, the petitioner deserves to be granted bail. Respondent's (State of Punjab) Argument: The State counsel opposed the petitioner's submissions but conceded that the petitioner's case is indeed at par with that of co-accused Abhishek Kumar Singh, who has already been granted regular bail by this Court.