Bail Granted on Parity with Similarly Situated Co-Accused Already Released on Bail.

The complainant alleged that 270 litres of diesel were stolen from his trailer, which had been parked after developing a mechanical fault.

During investigation, co-accused persons allegedly implicated the applicant in memorandum statements.

The applicant was arrested on 28 March 2026 and charged under Sections 303(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

After the charge-sheet was filed, he sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

He relied, among other matters, on bail granted to two similarly situated co-accused; the State opposed bail, citing the seriousness of the allegation and the applicant’s two pending criminal antecedents.

1. Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations, investigation material, custody, and pending criminal antecedents.

2. Whether bail should be granted on the ground of parity with co-accused persons who had already been released on bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.

The alleged offence was theft under Section 303(2), read with Section 3(5), of the Bharatiya Nyaya Sanhita, 2023.

In deciding the application, the Court considered the nature of the allegations, the material collected during investigation, the applicant’s criminal antecedents, completion of the investigation and filing of the charge-sheet, period of incarceration, and parity with bailed co-accused.

The Court also considered the bail orders passed in favour of Bhishamdev Khunte and Amit Kumar Bhardwaj.

The Court weighed the prosecution’s allegation—based on co-accused memorandum statements—and the applicant’s two pending antecedents against the fact that the charge-sheet had been filed and the applicant had remained in custody since 28 March 2026.

It also considered that two similarly situated co-accused had been granted bail by coordinate benches.

On the overall circumstances, including parity, the Court found it appropriate to grant bail without expressing any view on the merits of the case.

It directed that the applicant be released upon executing a personal bond of ₹50,000 with one surety in the like sum, to the satisfaction of the trial Court.

Bail was subject to conditions prohibiting interference with witnesses or the fair and expeditious trial and requiring the applicant to appear on every date fixed by the trial Court until disposal of the case.