Accused entitled to regular bail on grounds of parity where identically situated co-accused has been released.

The applicant, a Computer Operator at the Paddy Procurement Centre, Singhanpuri, was arrested on 22.01.2026 in connection with Crime No. 09/2026 at Police Station Lalpur.

The prosecution alleges that on 19.01.2026, a report revealed irregularities involving the unauthorized lifting of 4,542 quintals of paddy.

It is alleged that the applicant and the Centre In-charge, Murari Sahu, used unauthorized vehicles lacking mandatory GPS equipment to transport paddy, bypassing prescribed rules and causing a financial loss of Rs. 1,07,59,998/- to the state.

The applicant moved the High Court for regular bail following the filing of the charge-sheet.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the status of the trial.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the grant of regular bail.

Sections 318(4) (Cheating), 316(5) (Criminal Breach of Trust), and 3(5) (Acts done by several persons in furtherance of common intention) of the Bhartiya Nyaya Sanhita (BNS), 2023.

Principle of Parity, which ensures uniform treatment for similarly situated co-accused in bail matters.

The court’s reasoning centered on the fact that the co-accused, Murari Sahu (the Centre In-charge), had already been granted regular bail by the High Court on 12.03.2026 in MCRC No. 1204 of 2026.

The State counsel admitted that the applicant was identically situated to the released co-accused.

The court further noted that the investigation was complete as the charge-sheet had been filed, and the applicant had no prior criminal record.

Considering the duration of the applicant’s incarceration since 22.01.2026 and the likelihood that the trial would not conclude in the near future, the court found the ground of parity sufficient for the exercise of discretionary power to grant bail.

The holding was contingent upon the applicant furnishing a personal bond with two sureties and adhering to strict conditions, including: (i) an undertaking not to seek adjournments during evidence; (ii) mandatory presence on all trial dates under penalty of Section 269 of BNS; and (iii) personal presence during the opening of the case, framing of charges, and recording of statements under Section 351 of BNSS.