Grant of bail on grounds of parity and completion of investigation despite criminal antecedents of the applicant.

The applicant, Nilesh Gangotri, was arrested on 10.08.2025 in connection with Crime No. 338/2025 at Police Station Torwa, Bilaspur.

It is alleged that the applicant attempted to assault a victim using a knife (chhuri), causing injuries.

The applicant sought regular bail after his previous application was rejected by the Fourth Additional Sessions Judge, Bilaspur, on 12.02.2026.

The applicant contended he was falsely implicated and sought parity with seven co-accused persons already granted bail.

The State opposed the bail, citing the recovery of the weapon and the applicant’s four criminal antecedents from 2021–2023.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the period of detention, the filing of the charge-sheet, and the principle of parity with co-accused individuals.

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 also considered the substantive offences under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 296 (Obscene acts), 351(2) (Criminal intimidation), 115(2) (Voluntarily causing hurt), 333 (House-trespass after preparation for hurt), 118(1) (Voluntarily causing hurt by dangerous weapons), 324(1) (Mischief), and 3(5) (Common intention).

The court implicitly relied on the judicial principle of parity in bail matters and the procedural impact of the completion of investigation (filing of charge-sheet) on the necessity of continued custodial detention.

The Court weighed the gravity of the offence and the use of a sharp weapon against the applicant's duration of custody since August 2025.

While acknowledging the applicant's four criminal antecedents and the injuries sustained by the victim, the Court noted that seven other similarly situated co-accused (Prakash Das, Priyanshu Gangwani, et al.) had already been granted bail by the High Court between October 2025 and January 2026.

The Court reasoned that since the investigation was complete and the charge-sheet had been filed, the trial was likely to take significant time to conclude.

Consequently, the Court found that the detention was no longer necessary despite the applicant’s criminal history.

The holding clarified that parity and the filing of the charge-sheet outweighed the State's objections regarding antecedents.

The release was made subject to strict conditions, including an undertaking not to seek unnecessary adjournments (Condition i), mandatory presence during trial (Condition ii), and specific appearances for framing of charges and recording of statements under Section 351 of BNSS (Condition iv).