Grant of regular bail on grounds of parity and absence of criminal antecedents under BNSS.

The applicant was arrested on November 18, 2025, in connection with Crime No. 472/2025 registered at Police Station Palari.

The prosecution alleges that on November 13, 2025, the applicant, along with five others on motorcycles, intercepted the complainant and his friend between Village Ghotiya and Village Kusmi, assaulted the complainant with a knife, and snatched his mobile phone.

The applicant was charged under Sections 309(2), 109(1), and 111 read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS).

Following the completion of the investigation, the charge-sheet was filed.

The applicant moved the High Court for regular bail after a co-accused was granted relief in M.Cr.C. No. 2610 of 2026.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on the grounds of parity and absence of criminal antecedents.

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

Substantively, the court considered the nature of offences under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 309(2) (robbery), 109(1) (punishment of abetment), 111 (liability of abettor), and 3(5) (joint liability/common intention).

The court further relied on the judicial principle of parity, which suggests that similarly situated accused persons should be granted similar relief in the interest of justice.

The court evaluated the necessity of continued detention against the progress of the legal proceedings. It noted that the applicant had been in custody since November 18, 2025, and that the investigation was effectively concluded as the charge-sheet had already been filed.

The court observed that the State could not dispute that the applicant had no prior criminal record.

Most significantly, the court found that a co-accused in the same crime had already been granted regular bail by the same High Court on March 19, 2026.

Applying the rule of parity and considering the likely duration of the trial, the court reasoned that the applicant’s further incarceration was not warranted.

The court ordered the applicant's release on a personal bond with two sureties, subject to several conditions: (i) the applicant must not seek unnecessary adjournments; (ii) he must appear at every hearing or face proceedings under Section 269 of BNS; (iii) any misuse of liberty would trigger proceedings under Section 209 of BNS; and (iv) personal presence is mandatory at key stages of the trial.

The trial court was directed to ensure compliance with these conditions.