Grant of regular bail on ground of parity despite history of previous criminal antecedents.

The applicant sought regular bail following his arrest on December 7, 2025.

The prosecution alleged that on October 27, 2025, the applicant and another individual, riding a motorcycle, snatched a gold chain from the complainant near Ram Mandir area, threatening him with a knife.

An FIR was registered at Police Station Telibandha under Sections 309(4), 317(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS).

The applicant allegedly sold the stolen chain to a co-accused.

The applicant contended that he was falsely implicated and sought parity with the co-accused who was previously granted bail.

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) considering the filing of the charge-sheet, the duration of custody, and the ground of parity with a co-accused.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant bail.

The substantive charges were under Sections 309(4) (Robbery), 317(2) (Receiving stolen property), and 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS).

The Court also considered the principle of parity in bail jurisprudence and the impact of previous criminal antecedents on the discretionary power to grant bail.

The Court balanced the gravity of the offence and the applicant's three previous criminal antecedents from 2022 and 2023 against the procedural status of the case.

It noted that the investigation was complete and the charge-sheet had already been filed.

Central to the court’s reasoning was the fact that the co-accused, who had allegedly purchased the stolen property from the applicant, had already been granted bail by the same Court in MCRC No. 1331/2026.

The Court determined that since the applicant had been in detention since December 7, 2025, and the trial was expected to take time, the interest of justice favored granting bail on the ground of parity despite the applicant's prior record.

It held that the applicant is entitled to be released on regular bail upon furnishing a personal bond with two sureties.

The release is subject to strict conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence during trial under penalty of Section 269 BNS; (iii) the threat of proceedings under Section 209 BNS for absconding; and (iv) mandatory personal appearance for framing of charges and recording of statements under Section 351 BNSS.