Parity and lack of major convictions justify bail despite multiple pending criminal antecedents.

The applicant, Vikram @ Vicky, was arrested on 03.09.2025 in connection with Crime No. 313/2025 at P.S. Shujalpur City

The prosecution alleges that the applicant, along with several co-accused, entered the house of one Shankar, used abusive language, and assaulted the occupants.

Specifically, it is alleged that the applicant and co-accused Kamal assaulted Shankar with a sword, resulting in a fractured finger

A sword was subsequently seized from the applicant

The applicant sought bail on grounds of parity, noting that co-accused Manna, Vishal, Govind, and Kamal had already been granted bail

The State opposed bail citing nine criminal antecedents of the applicant

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the principle of parity and the completion of the investigation

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

the principle of parity, ensuring consistency in judicial orders for similarly situated co-accused

the principle that criminal antecedents alone do not bar bail if there is no evidence of prior convictions for major offences, a likelihood of recidivism, or a risk of tampering with evidence

The court observed that the investigation was complete and the final report had been submitted, which mitigated the risk of the applicant interfering with the probe

Regarding the allegations, the court noted that the incident arose from a minor altercation that escalated into a scuffle

Crucially, the court found the allegations against the applicant to be identical in nature to those against co-accused who had already been granted bail by coordinate benches and the trial court, thus establishing a case for parity

Addressing the applicant's nine criminal antecedents, the court noted that he had not been convicted in any major offence and had been acquitted in at least one prior matter

Given the applicant's age (23) and status as a labourer, the court determined that continued incarceration was unnecessary and that stringent conditions could sufficiently address any risks of recidivism or fleeing

Holding: The applicant is entitled to bail based on parity and the completion of the investigation, subject to conditions

The applicant is to be released on a personal bond of Rs. 50,000 with one surety of the same amount. Conditions include: (1) mandatory appearance at all hearings; (2) abstaining from similar offences; (3) no tampering with evidence or threatening witnesses; and (4) marking presence at P.S. Shujalpur City every Saturday until the conclusion of the trial