Accused entitled to regular bail on grounds of parity despite history of prior criminal antecedents.

On January 9, 2026, police received information regarding the illegal sale of spiced country liquor in Village Terenga

Following the arrest of co-accused Nitesh Ratre and the seizure of approximately 9 bulk liters of illicit liquor, Ratre’s memorandum statement implicated the applicant, Lokesh @ Lucky Ahuja, as part of an organized syndicate involved in manufacturing illicit liquor

The applicant was arrested on January 29, 2026, and charged under Section 34(2) of the Chhattisgarh Excise Act and Section 111 of the Bharatiya Nyaya Sanhita (BNS), 2023

The applicant disclosed six criminal antecedents: one under the Excise Act and three under the IPC (resulting in acquittals), and two pending cases under the Gambling Act

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on the grounds of parity and the nature of his criminal history

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

It considered the sentencing provisions of Section 34(2) of the Chhattisgarh Excise Act, which stipulates a minimum of one year and a maximum of three years of imprisonment

The Court also addressed Section 111 of the Bharatiya Nyaya Sanhita (BNS), 2023, regarding organized crime

Furthermore, the Court applied the judicial principle of parity, ensuring consistency in bail treatment for similarly situated co-accused individuals

The Court evaluated the duration of the applicant's incarceration (since January 29, 2026) against the maximum three-year penalty prescribed under the Excise Act

Regarding the applicant's criminal record, the Court noted that the previous acquittals in the Excise and IPC matters mitigated the weight of his criminal antecedents

The Court placed significant weight on the fact that a co-accused, Ravi Kumar Nishad, had already been granted regular bail by the same Court in MCRC No. 1967 of 2026 on March 17, 2026

Finding the applicant’s circumstances comparable, the Court determined that the principle of parity warranted his release, provided stringent conditions were imposed to ensure trial attendance and prevent the abuse of liberty

The holding established that the applicant was entitled to parity with the co-accused

The release is subject to specific conditions: (i) a prohibition against seeking adjournments when witnesses are present; (ii) mandatory attendance on all trial dates per Section 269 BNS; (iii) personal appearance for framing of charges and recording statements under Section 351 BNSS; and (iv) liability for proceedings under Section 209 BNS in the event of absconding