Grant of bail to co-accused by Supreme Court warrants parity for applicant in NDPS commercial quantity case.

The applicant was arrested on 21/03/2025 in connection with Crime No. 101/2025 at Police Station Kotwali, Jagdalpur, involving the recovery of 30.821 KG of contraband Ganja from the applicant and co-accused persons

This is the applicant's second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The first application (MCRC No. 6207/2025) was rejected on merits on 06/08/2025

The applicant sought parity with co-accused Ravi Kumar, who was granted bail by the Supreme Court on 20/02/2026 via SLP (Crl.) No. 623/2026 after his initial rejection by the High Court

1. Whether the applicant is entitled to regular bail on the grounds of parity with a co-accused granted bail by the Supreme Court and the absence of criminal antecedents?

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail

Principle of parity in bail jurisprudence, acknowledging the Supreme Court’s intervention in granting bail to a similarly situated co-accused in the same crime

Section 20(B) of the N.D.P.S. Act concerning the possession of Ganja

Procedural safeguards under Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS to ensure the accused's presence during trial

The Court reasoned that although the applicant’s first bail application was rejected on merits, subsequent circumstances warranted a reconsideration.

the Court noted that a co-accused (Ravi Kumar), whose bail was also initially rejected by the High Court, had been granted relief by the Apex Court

The Court further emphasized that the applicant has no prior criminal records in his home state of Odisha and has been incarcerated since 21/03/2025

Given that the trial was expected to be prolonged, the Court determined that continued detention was unnecessary

To mitigate the risk of absconding or trial delay, the Court imposed stringent conditions, including personal bonds and requirements for physical appearance at critical trial stages under the BNSS

The applicant was ordered to be released upon furnishing a personal bond with two local sureties, subject to conditions: no seeking of adjournments, mandatory presence during trial (failure of which invokes Section 269 BNS), and appearance for charge framing and recording of statements (failure of which invokes Section 209 BNS and Section 351 BNSS)