Bail Granted on Grounds of Parity and Lack of Criminal Antecedents Under the BNSS and BNS.

The applicant, Pratyush Banjare, filed a first bail application following his arrest on February 21, 2026.

The prosecution alleged that the applicant and others intercepted the complainant, Degun Patle, and two others near Navoday School Canal Culvert.

The accused reportedly abused the victims for failing to serve them liquor and proceeded to assault them with hands, fists, legs, and belts, causing injuries to the victims' noses, heads, and necks.

Consequently, an FIR was registered under Sections 296, 351(2), 115(2), 3(5), and 119(1) of the Bharatiya Nyaya Sanhita (BNS).

The applicant sought bail citing parity with co-accused persons already released and the completion of the investigation.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on the principles of parity and the lack of criminal antecedents.

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

It adhered to the principle of parity, which suggests that similarly situated accused persons should be treated equally regarding the grant of bail.

The court also considered provisions of the Bharatiya Nyaya Sanhita (BNS), specifically Section 269 (non-attendance in obedience to an order from public servant) and Section 209 (failure to appear in court), as potential consequences for violating bail conditions.

The court evaluated the necessity of continued detention against the applicant’s personal liberty.

It noted that the applicant had been in custody since February 21, 2026, and that the charge-sheet had already been filed, indicating that the investigation was complete.

A significant factor in the court's reasoning was that two co-accused, Surya Tandon and Nirbhay Madhukar, had previously been granted bail by the same court in July 2025.

Given that the applicant had no prior criminal record and the trial was expected to take considerable time, the court determined that the applicant met the criteria for bail on the ground of parity, provided stringent conditions were imposed to ensure his presence during trial.

The holding was based on the applicant’s lack of criminal history and the principle of parity with co-accused.

The court imposed specific conditions, including a mandate that the applicant must appear at all trial stages—specifically for the opening of the case, framing of charges, and recording of statements—and prohibited seeking unnecessary adjournments.

Non-compliance triggers proceedings under Sections 209 and 269 of the BNS.