Parity and completion of investigation justify regular bail despite the applicant’s prior criminal antecedents.

The applicant, a 60-year-old woman, was arrested in connection with FIR No. 16/2026 following a written report lodged on 23.01.2026

It was alleged that the applicant and several co-accused interrupted the construction of a Government Mangal Bhawan by the Municipal Corporation, Bankimogra, by shouting and gathering a crowd to cause a breach of peace

The applicant had been in judicial custody since 19.02.2026

The applicant argued for bail on the grounds of parity, noting that co-accused Leeta Mahant was granted bail on 01.04.2026, and contended that no specific overt acts were attributed to her

The State opposed the bail, citing the applicant's seven previous criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on the grounds of parity and her status as a senior citizen

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the grant of regular bail

The applicant was charged under Sections 132, 221, 226, and 191 of the Bharatiya Nyaya Sanhita (BNS), 2023

The court relied on the principle of parity, whereby an accused may be granted bail if a similarly situated co-accused has already been released

Furthermore, the court considered the necessity of explaining criminal antecedents and the impact of filing a charge-sheet on the necessity of continued pretrial detention

The Court examined the nature and gravity of the offense alongside the applicant's specific circumstances. It noted that the applicant is an elderly woman and that the prosecution failed to attribute specific overt acts to her in the alleged interruption of government work

Critically, the Court found that the principle of parity applied because the co-accused, Leeta Mahant, had already been granted bail by the same Court

Regarding the applicant’s criminal record, the Court accepted the explanation that most cases were preventive proceedings (Istagasas) or had resulted in acquittal

Given that the charge-sheet was already filed and the trial was expected to take considerable time, the Court concluded that continued incarceration was not warranted

The Court ordered the applicant to be released on bail upon furnishing a personal bond with two sureties

The bail is subject to several conditions: the applicant must not seek adjournments when witnesses are present, must appear on all trial dates, and must be personally present for the framing of charges and recording of statements under Section 351 of the BNSS

Failure to comply with these conditions may result in the trial court treating the default as an abuse of liberty