Facts
The applicant filed a first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023
Source reference: para. 1The prosecution alleged that on January 16, 2026, the applicant abused and threatened the complainant’s daughter after consuming liquor. Later that day, the applicant and a co-accused allegedly poured petrol on the complainant's door, set it on fire, and damaged household articles
Source reference: para. 2The applicant contended that he was in a live-in relationship with the complainant's daughter, and the case was a false implication following a monetary dispute where he refused her further demands
Source reference: para. 3The applicant has been in custody since January 17, 2026
Source reference: para. 6Issues
1. Whether the applicant is entitled to regular bail considering the nature of the allegations, the duration of custody, and the principle of parity with the co-accused
Source reference: para. 6Law Applied
The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant bail
Source reference: para. 1The charges involved Sections 296 (Obscene acts/songs), 351(3) (Criminal intimidation), 119(1) (Grievous hurt by dangerous weapon), 326(G) (Mischief by fire), 333 (House-trespass), and 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS)
Source reference: para. 1, 8The Court observed the principle of parity, noting that the co-accused had already been granted bail
Source reference: para. 6Reasoning
The Court evaluated the gravity of the offence against the personal history of the parties. It noted that the dispute appeared to stem from a personal and monetary conflict between the applicant and the complainant’s daughter, who had resided together for several years
Source reference: para. 6Although the State argued the applicant had 10 criminal antecedents, the applicant clarified he had been acquitted in 8 of those cases
Source reference: para. 3, 4The Court found that since the charge-sheet had already been filed and the trial would take considerable time, continued detention was not warranted
Source reference: para. 6The Court held that the applicant stood on a similar footing to the co-accused who was granted bail by the trial court, thus justifying bail on the grounds of parity
Source reference: para. 6Holding
The High Court allowed the bail application, answering the issue in the affirmative
The Court ordered the applicant's release on furnishing a personal bond with two sureties. The holding was conditioned upon the applicant's regular appearance for trial, a prohibition against seeking unnecessary adjournments, and strict compliance with Sections 269 and 209 of the BNS regarding presence and non-abuse of liberty
Source reference: para. 8Original Court PDF
MOHANLAL RATHORE @ CHHOTUvsSTATE OF CHHATTISGARH
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