Grant of regular bail on the ground of parity during the pendency of trial.

The applicant filed a second bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

The applicant was arrested on July 19, 2025, in connection with Crime No. 360/2025 for allegedly having ₹10,369/- credited into his bank account by an unknown person.

The first bail application (MCRC No. 8931 of 2025) was rejected on merits on December 11, 2025.

The applicant sought bail on the ground of parity, noting that a co-accused, Aryan Namdeo, was granted bail by the same court on February 28, 2026.

Whether the applicant is entitled to the grant of regular bail on the ground of parity and prolonged pretrial detention.

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the powers of the High Court to grant bail.

The court considered the principle of parity in criminal jurisprudence, which suggests that similarly situated accused persons should be treated equally regarding the grant of bail.

Furthermore, it considered Sections 317(2), 317(4), and 317(5) of the Bhartiya Nyaya Sanhita (BNS), 2023, under which the applicant was charged.

The court also invoked procedural conditions under Sections 269, 84, 209, and 351 of the BNSS to ensure the applicant’s appearance during trial.

The court evaluated the applicant’s plea primarily on the basis of parity and the stage of the proceedings.

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

The court observed that the applicant had been in custody since July 19, 2025, and that the trial would likely take considerable time.

Crucially, the court found that a co-accused (Aryan Namdeo) had already been granted regular bail in a recent order dated February 28, 2026.

Based on these factors—the duration of incarceration and the fact that a similarly situated accused was released—the court determined that the applicant was entitled to bail.

The bail is subject to several conditions, including that the applicant must not seek unnecessary adjournments, must appear on all trial dates, and must be present for the framing of charges and recording of statements under Section 351 of the BNSS.

Default in these conditions grants the trial court liberty to initiate proceedings under Sections 269 and 209 of the BNS or cancel the bail.