Bail Granted on Grounds of Parity and Completion of Investigation Despite Criminal Antecedents

According to the prosecution, on November 10, 2025, the complainant was intercepted by 4–5 unknown intoxicated individuals who dragged him toward a railway line, assaulted him, and forcibly took his mobile phone and cash

An FIR was registered against unknown persons on November 12, 2025

The applicant was arrested on February 6, 2026, and a charge sheet has since been filed

The applicant argued for bail on the grounds of parity with a co-accused and the fact that he was not named in the initial FIR

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, based on the principle of parity and the completion of the investigation

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

The court adhered to the principle of parity in bail jurisprudence, referencing its earlier order in Deepanshu Kumar Rathore v. State of Chhattisgarh (MCRC No. 617/2026)

Sections 310(2), 126(2), 115(2), 351(3), 338, 308(2), and 111(2)(b) of the Bharatiya Nyaya Sanhita (BNS), 2023

The Court examined the nature of the allegations and noted that the FIR was originally lodged against unknown persons, meaning the applicant was not specifically identified at the initial stage

While the State Counsel pointed out two previous criminal antecedents, the Court observed that these had been documented and explained by the applicant’s counsel

Crucially, the Court found that a co-accused, Deepanshu Kumar Rathore, had already been granted bail on March 11, 2026. Given that the investigation was complete and the charge sheet had been filed, the Court reasoned that continued incarceration was unnecessary and that the applicant qualified for relief on the ground of parity

The Court ordered the release of the applicant upon furnishing a personal bond with two sureties, subject to several conditions: (i) the applicant must not seek unnecessary adjournments; (ii) the applicant must attend all trial dates; and (iii) any violation of bail conditions or failure to appear may result in proceedings under Sections 269 and 209 of the BNS