Criminal antecedents justify denying bail despite parity with co-accused.

The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 359/2026, registered at Police Station Sakri for alleged offences under Sections 140(3), 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that the accused, impersonating police officers, abducted and confined young men, threatened them and attempted to extort money.

The applicants submitted that they had been falsely implicated, had been in custody since 4 June 2026, and that the charge-sheet had been filed; they also relied on bail granted to two co-accused.

The State opposed bail, citing three criminal antecedents against Applicant No. 1 and two against Applicant No. 2, and distinguishing the co-accused as having no antecedents.

1. Whether the applicants should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations and circumstances of the case.

2. Whether the bail granted to the co-accused warranted similar treatment for the applicants despite their criminal antecedents.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the basis for the High Court’s consideration of an application for regular bail.

In deciding the application, the Court considered the nature and gravity of the allegations, the applicants’ criminal antecedents and the circumstances in which bail had been granted to the co-accused.

The order cites no precedent or further statutory test

The Court considered the allegations and the applicants’ criminal antecedents, including that a similar case registered in 2026 remained pending before the trial court.

It found the applicants’ circumstances distinguishable from those of the co-accused: the co-accused had been granted bail after filing of the charge-sheet and had no criminal antecedents, whereas the applicants had antecedents.

On that basis, the Court declined to grant bail.