Facts
On November 17, 2025, six to seven unidentified individuals entered the residence of the complainant, Dilip Rathore, falsely representing themselves as officers of the Income Tax Department
Source reference: para 2The individuals conducted a search of the premises without producing a warrant; however, they departed without seizing any property or currency
Source reference: para 2An FIR was subsequently lodged on December 12, 2025, at Police Station City Kotwali, Dhamtari
Source reference: para 2The applicant was arrested on December 16, 2025, in connection with the incident
Source reference: para 6The applicant sought regular bail primarily on the ground of parity, noting that a co-accused, Jitendra Baghel, had been granted bail by the High Court on March 10, 2026
Source reference: para 3Issues
Whether the applicant is entitled to regular bail under the principle of parity and the current stage of the criminal proceedings
Source reference: para 6Law Applied
The Court exercised its jurisdiction under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the power of the High Court to grant bail
Source reference: para 1The substantive charges against the applicant were registered under Sections 204(2), 319(2), 331(3), 61(2), and 3(5) of the Bhartiya Nyaya Sanhita (BNS), 2023
Source reference: para 1The Court applied the judicial principle of parity, which dictates that similarly situated accused persons should be treated equally regarding the grant of bail
Source reference: para 6Reasoning
The Court observed that the investigation had reached a significant milestone as the charge-sheet had already been submitted to the competent trial court
Source reference: para 4, 6In evaluating the necessity of continued detention, the Court highlighted that the applicant had been incarcerated since December 16, 2025, and acknowledged that the trial's conclusion would likely be delayed
Source reference: para 6The pivotal factor in the Court's reasoning was the previous order dated March 10, 2026, in MCRC No. 2228 of 2026, wherein regular bail was granted to co-accused Jitendra Baghel
Source reference: para 6Applying the rule of parity to these facts, the Court determined that the applicant was entitled to the same relief as his co-accused, provided stringent conditions were imposed to ensure his participation in the trial
Source reference: para 6-7Holding
The Court allowed the bail application and directed the release of the applicant upon furnishing a personal bond with two sureties
The Court held that the applicant was entitled to bail based on the completion of the charge-sheet and the principle of parity with the co-accused
Source reference: para 6The release was conditioned upon the applicant not seeking adjournments during witness testimony, mandatory attendance on trial dates (specifically for framing of charges and recording statements under Section 351 of BNSS), and a warning that misuse of liberty or failure to appear would result in proceedings under Sections 269 and 209 of the BNS
Source reference: para 7Original Court PDF
VIVEK @ VICKY KORSEWADAvsSTATE OF CHHATTISGARH
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