Accused entitled to parity bail upon filing of charge sheet where co-accused have been granted relief.

The applicant, Mangal @ Golu, was arrested on October 17, 2025, in connection with Crime No. 201/2025 at Police Station Churcha

The prosecution alleged that on October 14, 2025, the applicant, along with 10–12 others armed with sickles and sticks, threatened workers at a mine and stole approximately 450 meters of copper cable wire

A bamboo stick was reportedly seized from the applicant during the investigation

The applicant moved for regular bail, arguing that his arrest was based on mere suspicion, the charge sheet had already been filed, and five co-accused persons had already been granted bail

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the principle of parity and the stage of the trial

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant bail

The charges involved Sections 331(4) (Lurking house-trespass or house-breaking), 305(e) (Extortion by putting a person in fear of death or grievous hurt), and 310(2) (Dacoity) of the Bharatiya Nyaya Sanhita (BNS)

The court further observed procedural requirements for bail conditions under Section 269 (non-attendance in obedience to an order from public servant), Section 84 (proclamation for person absconding), and Section 209 (punishment for non-appearance) of the BNSS and BNS

The court evaluated the facts and circumstances of the case, noting that the investigation was largely complete as the charge sheet had been filed before the competent court

Key to the court's reasoning was the principle of parity; a co-accused, Mohit Kumar, had already been granted bail by the same court in January 2026

The court also took into account the applicant's length of incarceration (since October 17, 2025) and the likelihood that the trial would take a considerable amount of time to conclude

Finding no immediate risk of the applicant absconding or tampering with evidence, provided strict conditions were met, the court determined that further detention was unnecessary

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments, must be present for all trial dates (subject to Section 269 BNS for absence), and must appear personally for the framing of charges and recording of statements under Section 351 BNSS. The trial court was authorized to treat any breach of these conditions as an abuse of liberty and cancel the bail