Bail Granted on Grounds of Parity and Charge Sheet Filing Despite Previous Criminal Antecedents

The applicant filed his first bail application following his arrest in connection with Crime No. 242/2025.

The complainant, a Fair Price Shop owner, reported a theft of rice and gram valued at ₹48,500 on July 6, 2025.

Investigation revealed the involvement of eight persons, including the applicant.

The applicant contended that he was falsely implicated based on his presence with co-accused and his criminal history, despite no direct seizures from his possession.

He has been in judicial custody since September 25, 2025, and a charge sheet has been filed.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) based on the principle of parity and the stage of investigation.

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

Principle of parity, specifically noting that the co-accused, Indrapal Sahu, had already been granted bail by the same Court in MCRC No. 1217/2026.

Sections 331(4), 305(e), 112, 317(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, which define the substantive offences involved.

The Court examined the material on record and the specific circumstances of the applicant’s detention since September 2025.

While the State Counsel opposed bail by pointing to the filed charge-sheet, they did not dispute that a similarly situated co-accused had been granted bail.

The Court observed that although the applicant possesses five previous criminal antecedents of a similar nature, explanations for these were provided.

By applying the principle of parity and noting that the investigation was complete (charge-sheet filed), the Court determined that continued incarceration was not warranted.

The holding was conditioned upon the execution of a personal bond with two sureties and strict adherence to procedural requirements under the BNS/BNSS, including attending all court dates for framing of charges and evidence, and prohibitions against seeking unnecessary adjournments.

Default in these conditions grants the trial court liberty to initiate proceedings under Section 209 or 269 of the BNS.