Bail granted to alleged conspirator where the fatal act was attributed to a co-accused.

In brief

The question

Whether accused No. 5 should be enlarged on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations, the completed investigation, and the other relevant circumstances

The court held

The High Court allowed the petition and directed the trial court to release accused No. 5 on bail in Sessions Case No. 25 of 2026, subject to conditions, including a personal bond of ₹2,00,000 with two sureties, non-interference with prosecution witnesses, cooperation with the investigating officer, no involvement in similar offences, and fortnightly attendance before the police for six months or until the final report was filed, whichever was earlier

It also directed

The prosecution may seek cancellation of bail if the conditions are violated.

01Facts

The petitioner, accused No. 5, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from the death of Gangadhara, whose body was initially reported as the result of a road-traffic accident

pp. 2–3

The prosecution alleged that the petitioner and accused Nos. 1–4 conspired to murder the deceased; the petitioner was arrested on 30 September 2025

pp. 3–4

The investigation was complete and the charge-sheet had been filed. The petitioner also relied on the grant of bail to accused No. 3 on parity

p. 4

02Issues

i.Whether accused No. 5 should be enlarged on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations, the completed investigation, and the other relevant circumstances

pp. 2, 4–5

ii.Whether the bail granted to accused No. 3 supported granting bail to the petitioner on the ground of parity

p. 4

03Law Applied

The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant bail.

p. 2

The alleged offences were under Sections 61(2), 137, 103(1), and 238 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023

p. 2, 6

The Court applied its discretionary bail jurisdiction by considering the nature and specific role of the allegations, the circumstances of the offence, the petitioner’s position and status, and the completion of the investigation and filing of the charge-sheet

p. 5

No precedent was cited.

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 61 Section 137 Section 103 Section 238 Section 3

04Reasoning

The charge-sheet material alleged that the petitioner participated in a conspiracy to eliminate the deceased, but the specific allegation that the deceased was throttled was directed against accused No. 1

p. 5

The Court also considered that the investigation had concluded and the charge-sheet had been filed, together with the nature of the allegations and the petitioner’s circumstances. On that assessment, it found the case suitable for bail.

p. 5

Although the petitioner relied on parity with accused No. 3, the order does not separately analyse that ground

p. 4