Bail granted to accused under BNS sections 309(6) and 3(5) on grounds of parity and charge-sheet filing.

The applicants filed a First Bail Application seeking regular bail following their arrest in connection with Crime No. 39/2026 at Police Station Chakarbhatha

The prosecution alleges that on January 16, 2026, the complainant and a friend were accosted outside a hotel by individuals demanding money for alcohol; upon refusal, the victims were assaulted and ₹900 was forcibly taken from the complainant's pocket

The applicants have been in custody since January 17, 2026

While applicant Pranshu Pandey has no prior criminal record, applicant Atul Singh Rathore has two criminal antecedents

The charge-sheet has already been filed in the matter

Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of allegations, the filing of the charge-sheet, and the principle of parity with co-accused persons?

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

The court also referenced the underlying penal provisions under Sections 309(6) (Robbery) and 3(5) (Common Intention) of the Bharatiya Nyaya Sanhita (BNS)

Additionally, the court relied on the principle of parity, noting that other co-accused in the same crime (MCRC Nos. 1481/2026 and 1520/2026) had already been granted bail

The court evaluated the facts and circumstances, specifically noting the gravity of the allegations involving the use of force to obtain money

However, the court weighed this against several mitigating factors: (a) the investigation is largely complete as the charge-sheet has been filed; (b) the applicants have been in jail for over six weeks; (c) the trial is expected to take a significant amount of time; and (d) co-accused persons were granted bail in February 2026

While the State opposed the bail citing Atul Singh Rathore’s two past antecedents, the Court determined that the filing of the charge-sheet and the duration of custody warranted exercise of judicial discretion in favor of the applicants

The applicants were ordered to be released upon furnishing a personal bond with two sureties, subject to strict conditions including: mandatory attendance at all trial dates, a prohibition against seeking unnecessary adjournments during witness testimony, and compliance with Section 269 of the BNS for any unauthorized absence

The court clarified that failure to comply with these conditions would allow the trial court to treat it as an abuse of liberty