Grant of parity-based bail where applicant’s role is limited to minor assault without weapon recovery.

The applicant sought regular bail following his arrest in connection with Crime No. 249/2025 involving the murder of one Gopal Sahu.

The FIR was originally lodged against unknown persons after the deceased’s body was found with sharp weapon injuries following a village fair.

The applicant was implicated based on memorandum statements of co-accused persons and witness statements claiming he was seen with the deceased.

The applicant contended that no weapon was recovered from him (a knife was recovered from co-accused Samir Verma) and that the only allegation against him was assault by hands and fists.

He further cited the ground of parity, noting that a similarly situated co-accused, Roshan Yadav, had already been granted bail.

The applicant has been in custody since October 1, 2025.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, particularly on the ground of parity with a co-accused already enlarged on bail.

Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court or Court of Sessions to grant bail.

Sections 103(1) (murder), 191(2), 191(3), 190, and 238 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 25 and 27 of the Arms Act, 1959.

Principle of parity in bail jurisprudence, which suggests that similarly situated accused persons should be treated equally regarding pretrial release.

The court observed that the applicant was not named in the initial FIR and his implication rested primarily on circumstantial evidence and memorandum statements.

Crucially, the court noted that the allegations against the applicant (assault by hands and fists) were distinct from the co-accused from whom the lethal weapon was recovered.

The court found that the applicant’s role was similar to that of Roshan Yadav @ Thaneshwar Yadav, who had been granted bail by a coordinate bench in MCRC No. 1858/2026.

Given the lack of criminal antecedents, the duration of his pretrial detention since October 2025, and the likely duration of the trial, the court determined that continued incarceration was unnecessary.

The court allowed the bail application and ordered the release of the applicant on a personal bond of Rs. 10,000 with one surety, subject to conditions that the applicant must not influence witnesses, must not prejudice the trial, and must appear for all court proceedings.