An accused is entitled to bail on parity where similarly situated co-accused have been released.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 172/2026, registered for offences under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that a vehicle carrying approximately 23,350 kilograms of Khair wood was intercepted during vehicle checking and that the NOC produced for its transportation was forged and contained particulars inconsistent with official and revenue records.

The applicant relied on the release of four co-accused on anticipatory bail and four others on regular bail, and submitted that he had no criminal antecedents, had been in custody, and that the trial would take considerable time.

The State opposed the application but did not dispute the submissions concerning the co-accused or the applicant’s lack of antecedents.

Whether the applicant should be granted regular bail, including on the ground of parity with co-accused who had been released on bail.

Whether the applicant’s circumstances—including the period of pre-trial detention, lack of criminal antecedents, and likely duration of trial—supported release on bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.

The Court applied the principle of parity, considering the treatment of co-accused facing similar allegations, alongside the nature of the allegations, pre-trial detention, criminal antecedents, and likely time required to conclude the trial.

The Court considered the allegations concerning the allegedly forged NOC and illegal transportation of Khair wood, but assessed them together with the applicant’s custody, absence of criminal antecedents, and the likelihood that the trial would take considerable time.

It also noted that the State did not dispute that co-accused facing similar allegations had been granted anticipatory or regular bail. On the overall circumstances, the Court concluded that the applicant was entitled to the benefit of parity and did not express any opinion on the merits of the case.

The applicant was directed to be released on regular bail on furnishing a bond of ₹25,000 with one surety for the like sum, subject to conditions concerning adjournments, attendance, and personal appearance on specified trial dates. The Court directed that a certified copy of the order be sent to the trial court for information and compliance.