Bail granted on grounds of parity and prolonged pre-trial detention despite gravity of murder charges.

On January 7, 2024, one Asim Ray was shot dead in Pankhajur, District Kanker

Investigation suggested a criminal conspiracy born of political rivalry, involving a contract killing for Rs. 7,00,000

It was alleged that the appellant, Jayant Biswas, along with two associates, shot the deceased

The appellant was arrested on January 11, 2024

Following the completion of the investigation, a charge-sheet was filed against 14 individuals for offenses under Sections 120(B), 302/34, and 201 of the Indian Penal Code (IPC), and Sections 25(1)(b)(i) and 27(3) of the Arms Act

The appellant’s bail application (No. 88/2025) was rejected by the Special Judge (N.I.A.)/First Additional Sessions Judge, North Bastar, Kanker, on June 5, 2025

The appellant subsequently challenged this order under Section 21(4) of the NIA Act

Whether the appellant is entitled to be enlarged on bail under Section 21(4) of the NIA Act on the grounds of parity with co-accused and the slow progress of the trial

The Court primarily exercised its appellate jurisdiction under Section 21(4) of the National Investigation Agency Act, 2008, to review a bail rejection order

It considered the substantive charges under Sections 120(B) (criminal conspiracy), 302/34 (murder with common intention), and 201 (causing disappearance of evidence) of the IPC

The Court applied the principle of parity, which dictates that similarly situated accused persons should be treated equally regarding the grant of bail

It also considered the procedural necessity of balancing the gravity of the offense against the right to a timely trial

The Court observed that the appellant had been in judicial custody since January 11, 2024, and that the charge-sheet had already been filed

The prosecution listed approximately 100 witnesses, but only 10 had been examined by the trial court, suggesting the trial would not conclude in the near future

Significantly, the Court noted that six co-accused persons—Pradeep @ Babu Haldar, Nilratan Mandal, Jitendra Bairagi, Samit Manjhi, Tapan Mandal, and Gopi Das—had already been granted bail by the High Court in 2025

The Court found that the appellant’s case was similar to those of the co-accused who were already released

Without commenting on the merits of the evidence, the Court determined that continued detention was unwarranted given the stage of the trial and the period of custody

The appellant was ordered to be released on bail upon furnishing a personal bond of Rs. 1,00,000/- with two sureties (one being a family member)

The release is subject to conditions including non-interference with witnesses, regular court attendance, and a prohibition on committing further offenses

Additionally, the Court directed the trial court to expedite and conclude the trial within six months