Bail granted on grounds of parity and completion of investigation despite criminal antecedents of the applicant.

The applicants were arrested in connection with Crime No. 148/2025 for allegedly being involved in the illegal transportation of 34 cattle (cows and buffaloes) in a vehicle

During the investigation, 11 animals were found dead

The applicants were implicated based on the memorandum statements of co-accused persons and have been in custody since 01.09.2025

While Applicant No. 2 has five criminal antecedents from 2018–2023, the charge-sheet has already been filed

The applicants sought regular bail primarily on the grounds of parity with a co-accused, Abdul Razique, who was granted bail on 03.11.2025

Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the stage of the investigation

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail

It also considered the penal provisions under Sections 111 (Organized crime), 325 (Mischief by killing or maiming cattle), and 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS); Sections 4, 6, and 10 of the C.G. Krishak Pashu Parikshan Adhiniyam, 2004; and Section 11 of the Prevention of Cruelty to Animals Act, 1960

The Court further relied on the principle of parity in bail jurisprudence

The Court evaluated the gravity of the offense, noting the death of 11 cattle, but balanced this against the period of detention (since September 2025) and the fact that the investigation had culminated in the filing of a charge-sheet

Crucially, the Court observed that a similarly situated co-accused, Abdul Razique, had already been enlarged on bail in MCRC No. 7554 of 2025

Although Applicant No. 2 possessed five criminal antecedents, the Court determined that because the case was identical to that of the co-accused already on bail and the trial was likely to take time, continued incarceration was not warranted

The holding was conditioned upon the applicants’ strict adherence to trial proceedings, including prohibitions against seeking unnecessary adjournments and mandatory appearance at key stages of the trial (framing of charges and recording of statements) under penalty of bail cancellation