### Grant of Bail Based on Parity and Completion of Investigation in Essential Commodities Act Offenses

The applicant, Aslam Khan, filed a first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest on February 4, 2026

On December 23, 2025, food inspectors and police conducted a raid at a goat shed/farm house in Chhivrakuta, where they observed LPG gas being illegally transferred from Indane capsule trucks into domestic cylinders

While the suspects fled in the dark, police seized property valued at approximately ₹93,00,000

The applicant was subsequently implicated based on the memorandum statement of the main accused, Prakash Gupta

The applicant contended he was merely a laborer with no control over the premises and suffered from asthma

Whether the applicant is entitled to regular bail considering the nature of the evidence (memorandum statement) and the principle of parity with co-accused who have already been granted bail?

The Court considered the provisions for regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

It assessed charges under Sections 305(E) (pertaining to negligent conduct with respect to poisonous substances/omissions), 287 (negligent conduct with respect to fire or combustible matter), and 3(5) (common intention) of the BNS, 2023, alongside Sections 3 and 7 of the Essential Commodities Act, 1955

The Court also referenced the precedent set in Arnesh Kumar v. State of Bihar, emphasizing that for offenses punishable by up to seven years, unnecessary arrest should be avoided and procedural safeguards must be strictly followed

The Court noted that the applicant was not named in the initial FIR and was not apprehended at the scene of the crime

The primary basis for his implication was the memorandum statement of co-accused Prakash Gupta, which the applicant argued lacked direct corroborative evidence

Crucially, the Court observed that the alleged main accused and owner of the premises, Prakash Gupta, had already been granted bail on February 28, 2026

Since the charge-sheet had already been filed, the applicant had been in custody for over a month, and the trial was expected to take considerable time, the Court found no justification for continued incarceration

It held that the applicant is entitled to release on bail upon furnishing a personal bond with two sureties

The holding was supported by the filing of the charge-sheet and the principle of parity with the co-accused

The release is subject to conditions including mandatory presence at trial dates, prohibition of seeking unnecessary adjournments, and compliance with Sections 351, 269 of the BNS, and Section 84 of the BNSS regarding proclamations