Grant of bail based on parity and lack of specific overt acts involving deadly weapons.

The four applicants sought regular bail following their arrest on January 8, 2026, in connection with Crime No. 06/2026

The prosecution alleged that due to a grudge regarding a complaint against a village Sarpanch, the applicants and co-accused wrongfully restrained and assaulted the complainant, Puleshwar Verma, and his family members with lathi, sticks, and stones

While co-accused Sahetter Sahu allegedly used a knife, the specific allegations against the present applicants involved assault by hands, fists, and sticks

A counter-case (Crime No. 07/2026) was also registered against the complainant party for the same incident

Charge-sheet has been filed, and three other co-accused persons have already been granted bail by the High Court

1. Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the nature of allegations and the principle of parity

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC) regarding the discretionary power of the High Court to grant bail

Sections 126(2), 191(2), 191(3), 190, 118(1), 109(1), and 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, which define offences related to unlawful assembly and assault

The court also referred to the principle of parity in bail jurisprudence, as co-accused persons in the same crime (Vijay Sahu, Daras Yadav, and Bhagirathi Yadav) had been previously enlarged on bail

The Court observed that while the incident involved serious head injuries to the victims, the specific allegation of using a deadly weapon (knife) was directed at co-accused Sahetter Sahu, not the present applicants

The Court noted that the applicants had been in custody since January 8, 2026, and the investigation was complete with the filing of the charge-sheet, reducing the risk of tampering with evidence

Significantly, the Court found that the applicants' roles were similar to co-accused persons who had already been granted bail in MCRC No. 3500/2026 and MCRC No. 3113/2026, thus satisfying the requirement for parity

Additionally, the Court took into account the absence of criminal antecedents and the existence of a counter-case which suggested a physical altercation between two groups rather than a unilateral attack

The Court allowed the bail application, granting regular bail to Ajay Kumar Sahu, Chiranjiv Kumar Sahu, Omesh Kumar Sahu, and Deepak Yadav. The applicants were ordered to be released on furnishing a personal bond with two sureties each, subject to conditions including mandatory attendance during trial dates (pursuant to Section 269 and 351 of BNSS) and a prohibition against seeking unnecessary adjournments