Bail granted on parity where co-accused was released and charge-sheet already stands filed.

The applicant, Umeshwar Nishad, was arrested on November 9, 2025, in connection with an incident on November 6, 2025, during the Matar Madhai Mela.

The complainant, Shubham Kumar Verma, alleged that Manish Nishad and his companions stabbed one Karan Verma in the stomach with intent to kill.

The applicant was implicated based on the memorandum statements of co-accused persons; however, his name did not appear in the original FIR.

The prosecution filed a charge-sheet against the applicant for various offenses under the Bhartiya Nyaya Sanhita (BNS) and the Arms Act.

The applicant moved this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), seeking regular bail on the grounds of parity with a co-accused already released.

1. Whether the applicant is entitled to the grant of regular bail on the grounds of parity and the nature of the evidence against him under Section 483 of the BNSS.

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

The court considered the principles of parity in criminal jurisprudence, where identically situated co-accused are granted similar relief.

The court also referenced the transition of penal and procedural laws, citing Sections 109 (Attempt to murder), 3(5) (Joint liability), 190 (Unlawful assembly), and 191 (Rioting) of the Bhartiya Nyaya Sanhita (BNS), 2023, along with Sections 25 and 27 of the Arms Act.

The Court observed that the applicant’s name was not in the FIR and his involvement was primarily suggested by the memorandum statements of co-accused persons.

Critically, the Court noted that a similarly situated co-accused, Tilak Nishad, had already been granted regular bail in MCRC No. 829 of 2026 on January 23, 2026.

The Court reasoned that since the charge-sheet had already been filed, the applicant had been in custody since November 9, 2025, and the trial was likely to take significant time, the incarceration of the applicant was no longer necessary pending trial.

The Court ordered the release of Umeshwar Nishad upon furnishing a personal bond with two sureties, subject to specific conditions: ensuring no adjournments are sought during witness presence, mandatory appearance on trial dates, and strict compliance with Section 269 and Section 209 of the BNS regarding presence and appearance.