Grant of regular bail on ground of parity to accused in cattle theft and smuggling case.

The applicants were arrested on 06.01.2026 in connection with Crime No. 14/2026 for allegedly stealing 4–5 cattle, loading them into vehicles, and engaging in illegal transportation as part of an organized gang.

The prosecution alleged the applicants conspired with buyers in Jharkhand.

Following investigation and seizure of vehicles and cattle, a charge-sheet was filed.

The applicants moved the High Court for regular bail, citing that five co-accused persons had already been granted bail by the same Court in April 2026.

1. Whether the applicants are entitled to regular bail under the principle of parity, considering the release of co-accused persons and the completion of the investigation.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), governing the power of the High Court to grant bail.

Substantive offences under Sections 303(2) (theft), 111 (organized crime), 61 (criminal conspiracy), and 317(2) (stolen property) of the Bharatiya Nyaya Sanhita (BNS); Sections 4, 6, 7, and 10 of the Chhattisgarh Cattle Preservation Act 2004; and Section 11 of the Prevention of Cruelty to Animals Act.

The judicial principle of parity, which mandates similar treatment for similarly situated accused persons in the matter of bail.

While the State opposed bail citing the applicants' criminal antecedents, the Court noted that these antecedents had been duly explained in the application.

The primary reasoning rested on the fact that the investigation was largely complete, as evidenced by the filing of the charge-sheet, and the applicants had been in custody since early January 2026.

Crucially, the Court found that because five other co-accused (Raifaz, Adam Shah, Ajhar Khan, Takir Khan, and Shoyed) had been granted bail by the Court in previous MCRC proceedings related to the same crime, the present applicants were entitled to the same relief on the ground of parity.

The Court allowed the bail application and directed the release of Junaid Alam and Afsaar on furnishing a personal bond with two sureties each subject to strict conditions, including a prohibition against seeking unnecessary adjournments, mandatory presence during key trial stages, and the threat of proceedings under Section 209 BNS and Section 84 BNSS in case of default.