Grant of regular bail on the ground of parity where co-accused have been previously enlarged.

The applicant, Nirbhay Sahu, was arrested on 17.03.2026 in connection with Crime No. 30/2025 by P.S. EOW/ACB Raipur

It is alleged that the applicant entered into a criminal conspiracy to misuse his official position to provide illegal compensation to certain individuals (Smt. Uma Tiwari and others) under the "Bharat Mala" project economic corridor

The prosecution alleged that compensation was wrongly disbursed by selling land already acquired back to the government

The applicant filed this first bail application on grounds of parity with seven co-accused persons who had already been granted bail and because the charge-sheet had already been filed

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the stage of the investigation

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 bail

The court also applied the doctrine of parity, which suggests that if co-accused with similar roles are granted bail, the same liberty should be extended to the applicant unless distinct circumstances exist

Procedural conditions for bail were governed by Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS regarding court attendance and consequences of default

The Court observed that while the applicant was allegedly involved in the stated crime, his case was identical to that of several co-accused persons, including Smt. Basanti Dhritlahrey, Dinesh Patel, and Kedar Tiwari, all of whom had been granted bail by the High Court between July 2025 and January 2026

The Court noted that the charge-sheet is already filed and the applicant has no previous criminal antecedents

Considering the nature of the offence and the fact that the trial would take a considerable amount of time to conclude, the Court found no reason to treat the applicant differently from the co-accused, thereby justifying bail on the ground of parity

The High Court allowed the bail application, granting regular bail to Nirbhay Sahu. He was ordered to be released upon furnishing a personal bond with two sureties, subject to conditions including: (i) not seeking adjournments during witness testimony, (ii) appearing on all trial dates as per Section 269 BNS, (iii) appearing for framing of charges and recording of statements under Section 351 BNSS, and (iv) facing proceedings under Section 209 BNS in case of misuse of liberty