Bail granted on grounds of parity and absence of criminal antecedents in excise matter.

The applicant was arrested on January 18, 2026, in connection with Crime No. 101/2025 at Police Station Urga, Korba, for the alleged possession of 860 liters of liquor along with co-accused persons.

The prosecution charged the applicant under the C.G. Excise Act and the Bharatiya Nyaya Sanhita (BNS).

The applicant moved the High Court for regular bail, contending that the charge-sheet had been filed, he had no criminal antecedents, and three co-accused persons (Saroj, Mantri, and Raju Dhanuhar) had already been granted bail—one by the Supreme Court and two by the High Court.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, particularly based on the principle of parity and the absence of criminal antecedents.

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

Substantive charges were considered under Sections 34(2) and 59(a) of the C.G. Excise Act and Sections 111(2)(3) and 3(5) of the BNS.

The Court followed the principle of parity, citing the Hon’ble Apex Court’s decision in Saroj Dhanuhar v. State of Chhattisgarh (SLP (Crl.) No. 15733/2025), where a co-accused in the same crime was granted bail.

The Court balanced the gravity of the seizure (860 liters of liquor) against the procedural status and the applicant's profile.

It noted that the charge-sheet had already been filed and that the applicant had no prior criminal record.

The primary catalyst for the Court’s reasoning was the principle of parity; since the Supreme Court had overturned the High Court’s previous rejection of a co-accused’s bail, and other co-accused had subsequently been released, the applicant was deemed eligible for similar relief.

Furthermore, the Court noted that the applicant had been in custody since January 2026 and that the trial would not conclude in the immediate future.

The holding clarified that the lack of antecedents and the release of co-accused by superior courts justified bail despite the volume of contraband seized.

The release is subject to specific conditions, including mandatory appearance at trial, an undertaking not to seek unnecessary adjournments, and penalties for misuse of liberty under Sections 209 and 269 of the BNS.