Grant of bail on grounds of parity for alleged theft offences under Bharatiya Nyaya Sanhita.

The Applicant was arrested on 30.11.2025 in connection with Crime No. 144/2025 at P.S. Bhatgaon.

The prosecution alleged that the Applicant, along with co-accused persons, unlawfully entered the SECL workshop and committed theft of industrial equipment, including PT boxes, bearings, copper cable, and a gearbox.

Following the investigation and filing of the charge sheet, the Applicant moved this first bail application before the High Court of Chhattisgarh.

Whether the Applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the grounds of parity and prolonged pre-trial detention.

The Court applied the provisions of Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, relating to the High Court's power to grant regular bail.

The substantive charges were registered under Sections 305(a), 331(4), 317(2), 3(5), and 112 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The Court further relied on the judicial principle of parity in bail matters, observing that similarly situated co-accused (Rajan Yadav, Sonu Rajwade, Shahzad, and Upendra Hathgen) had already been granted bail by coordinate benches.

The Court evaluated the merits of the bail application by balancing the nature of the allegations against the Applicant's period of incarceration since November 2025.

It noted that the investigation was complete and the charge sheet had already been filed, reducing the risk of tampering with evidence.

Crucially, the Court observed that four other co-accused persons involved in the same transaction had been granted bail between February and April 2026. Given that the trial was expected to take considerable time to conclude, the Court found that continued pre-trial detention was not warranted and that the Applicant was entitled to bail on the grounds of parity.

The High Court allowed the bail application and directed the Applicant to comply with strict conditions, including: (i) not seeking adjournments during evidence; (ii) appearing on all trial dates under penalty of Section 269 BNS; (iii) facing proceedings under Section 209 BNS if bail is misused; and (iv) mandatory presence during framing of charges and recording of Section 351 BNSS statements.