Grant of Bail on Grounds of Parity Following Release of Co-Accused by Supreme Court

The applicant, Devendra Sahu, was arrested on 17.01.2025 in connection with Crime No. 5/2025 at Police Station Singhoda for the alleged illegal transportation of 41 kg of Ganja, recovered from two vehicles occupied by the applicant and co-accused.

The applicant's first bail application (MCRC No. 2174/2025) was rejected on merits on 19.03.2025.

This second bail application was filed following the grant of bail to co-accused Anjan Kumar Mohanty by the Supreme Court on 19.01.2026 and co-accused Husain Iqbal by the High Court on 13.01.2026.

The applicant has no prior criminal antecedents.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, based on the principle of parity with co-accused persons who have already been granted bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, concerning the grant of regular bail.

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), specifically Section 20(b) regarding the possession and transportation of cannabis.

The judicial principle of parity, which suggests that similarly situated accused persons should be treated equally in the matter of granting bail, particularly when higher courts (the Supreme Court) have granted relief to co-accused in the same crime.

Procedural conditions under the Bharatiya Nyaya Sanhita (BNS) regarding court attendance.

The Court noted that while the first bail application was rejected on merits, new circumstances had arisen. Specifically, the Supreme Court in SLP (Crl.) No. 18677/2025 granted bail to co-accused Anjan Kumar Mohanty, whose initial bail had also been rejected by the High Court.

Furthermore, another similarly situated co-accused, Husain Iqbal, was granted bail by the High Court. The Court found that since the applicant’s case was similar to those of the co-accused and 41 kg of Ganja was recovered from their joint possession, the principle of parity was applicable.

The Court also took into account the applicant’s period of incarceration since January 2025 and the lack of previous criminal records.

The applicant was ordered to be released on a personal bond with two local sureties, subject to conditions including mandatory presence at trial, non-seeking of adjournments, and compliance with Sections 84, 209, 269, and 351 of the BNS/BNSS.