Grant of regular bail on parity where specific assault with weapon is attributed only to co-accused.

The applicant filed his first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) following his arrest in connection with Crime No. 516/2025

On 24.10.2025, the complainant alleged that while he was with friends, the applicant and co-accused persons arrived in a vehicle and initiated a physical assault

While co-accused Nohar Yadav and Aman Yadav allegedly used a knife to inflict serious injuries on the complainant’s chest and abdomen, the specific allegation against the applicant was limited to assault with hands and fists

The applicant has been in custody since 25.10.2025, and a charge-sheet has been filed

1. Whether the applicant is entitled to regular bail on the ground of parity with a co-accused who was previously granted bail by the Court.

2. Whether the applicant’s specific role in the offense is distinguishable from the main accused persons who used lethal weapons.

The court applied Section 483 of the BNSS regarding the High Court's power to grant bail

It relied on the principle of parity, citing its previous order in MCRC No. 1361/2026 (Dhiraj Nirmalkar v. State)

Sections 115(2) (voluntarily causing hurt), 191(2) (rioting), 296 (obscene acts), 351(3) (criminal intimidation), 109 (punishment of abetment), and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS)

The Court reasoned that the applicant’s role was significantly different from that of co-accused Nohar Yadav and Aman Yadav; while the latter inflicted life-threatening knife wounds, the applicant only allegedly used "hands and fists"

The Court observed that another co-accused, Dhiraj Nirmalkar, whose case was similar to the applicant's, had already been enlarged on bail on 23.03.2026

Given that the charge-sheet had already been filed and the trial was expected to take considerable time, the Court found that the applicant met the criteria for release based on the principle of parity and the distinguishable nature of the overt acts attributed to him

The Court allowed the application and directed that the applicant be released on bail upon furnishing a personal bond with two sureties