Grant of bail on ground of parity where co-accused are released in Immoral Trafficking (Prevention) Act offenses.

The applicant filed her first bail application following her arrest in connection with Crime No. 17/2025 at Police Station Mahila Thana Ambikapur

The prosecution alleged that a prostitution racket was being operated out of a house near Akashvani Chowk for profit

During the investigation, the applicant was implicated on the allegation that she acted as an intermediary, bringing or providing customers to the site

The applicant has been in custody since 29.11.2025, and a charge-sheet has already been filed

1. Whether the applicant is entitled to the grant of regular bail under the principle of parity with co-accused persons who have already been released.

2. Whether the continued detention of the applicant is warranted given the completion of the investigation and her lack of criminal antecedents.

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant bail

It relied on the doctrine of Parity, which mandates that similarly situated accused persons should be treated equally in the matter of granting bail

The Court also considered the penal provisions of Sections 3, 4, 5, and 7 of the Immoral Trafficking (Prevention) Act, 1956

and the procedural requirements for presence during trial under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS respectively

The Court observed that the investigation against the applicant was complete and the charge-sheet had been filed

Critically, the Court noted that three co-accused persons (Subhadra Rai, Indrapati Sarthi @ Pooja, and Laxmi Vishwas) facing identical allegations had already been granted bail by the High Court in previous orders

The State failed to dispute that the applicant’s role was identical to those already released

Furthermore, the Court factored in the applicant’s clean criminal record (no previous antecedents) and her period of detention since 29.11.2025, concluding that the trial would likely take considerable time

Consequently, the Court determined that there were no grounds to deny her bail while others in the same position had been freed.

The Court held that the applicant was entitled to bail on the ground of parity

The release is subject to strict conditions, including: (i) an undertaking not to seek unnecessary adjournments

(ii) mandatory presence on all trial dates

and (iii) personal appearance during the framing of charges and recording of statements under Section 351 of the BNSS

Failure to comply may result in the trial court treating the default as an abuse of liberty