Parity warrants regular bail where similarly situated co-accused have been released.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging offences under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that a vehicle intercepted during checking was carrying approximately 23,350 kilograms of Khair wood with a forged and unauthorised transport NOC; the applicant was implicated in connection with the alleged transportation and false documentation.

The applicant relied on the release of four co-accused on anticipatory bail and four others on regular bail, as well as his lack of criminal antecedents, custody, and the expected duration of trial.

The State did not dispute that similarly accused co-accused had been released on bail.

1. Whether the applicant was entitled to regular bail under Section 483 BNSS, particularly on the ground of parity with co-accused who had been granted anticipatory or regular bail.

2. Whether the applicant’s circumstances—including the period of pre-trial detention, absence of criminal antecedents, and likely duration of trial—supported release on bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant regular bail.

In considering bail, the Court assessed the nature of the allegations, pre-trial detention, criminal antecedents, the likely time required for trial, and whether similarly situated co-accused had been granted bail.

The Court applied the principle of parity, under which comparable treatment may be warranted for an accused whose circumstances and allegations are similar to those of co-accused already enlarged on bail.

The Court considered the allegations and the applicant’s period of detention alongside the absence of criminal antecedents and the likelihood that the trial would take considerable time.

It also noted that eight co-accused facing similar allegations had been granted anticipatory or regular bail, and that the State did not dispute this.

On the overall circumstances, the Court held that the applicant was entitled to the benefit of parity and that bail was justified without expressing any opinion on the merits.

Release was subject to conditions concerning adjournments, attendance, personal appearance at specified stages of trial, and consequences for misuse of bail or non-appearance.

A certified copy of the order was directed to be sent to the trial court.