Chhattisgarh High CourtCriminal Procedure and EvidenceCriminal Law

Parity with a bailed co-accused supports regular bail where no recovery or criminal antecedents exist.

PUSHU KUMAR SAHUv.STATE OF CHHATTISGARH

Parity with a bailed co-accused supports regular bail where no recovery or criminal antecedents exist.. PUSHU KUMAR SAHU vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

Whether the applicant was entitled to regular bail, particularly on the ground of parity with a similarly situated co-accused.

The court held

The Court allowed the bail application.

It also directed

It directed that the applicant be released upon furnishing a personal bond of ₹50,000 with one surety in the like amount to the satisfaction of the trial Court.

Bail was subject to conditions prohibiting interference with witnesses or the fair trial and requiring the applicant to attend each hearing until disposal of the trial.

01Facts

The applicant was arrested in connection with Crime No. 324/2026, registered at Police Station Basantpur, Rajnandgaon, for alleged offences under Sections 309(4), 311 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶ 1–2

The prosecution alleged that the applicant and two others robbed the complainant of approximately ₹1,800 and a mobile phone after threatening him with a knife, and injured his leg with a sharp-edged weapon.

¶ 1–2

The applicant sought regular bail, relying on the absence of recovery from him, his lack of criminal antecedents, and the grant of bail to co-accused Dheeraj Barekar.

¶ 3

02Issues

i.Whether the applicant was entitled to regular bail, particularly on the ground of parity with a similarly situated co-accused.

¶ 3, 6

ii.Whether the allegations and circumstances warranted release on bail despite the State’s opposition based on the seriousness of the alleged offence.

¶ 4, 6

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.

¶ 1

In assessing bail, the Court considered the nature and gravity of the allegations, the circumstances of the case, the applicant’s criminal antecedents, recovery of the alleged stolen property or weapon, and parity with a co-accused already granted bail.

¶ 6

Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 309Section 311Section 3

04Reasoning

The Court weighed the seriousness of the allegations against the circumstances supporting release.

¶ 4, 6

It noted that no alleged stolen mobile phone, knife, or cash had been recovered from the applicant, that he had no criminal antecedents, and that co-accused Dheeraj Barekar had been granted bail in a related application.

¶ 6

On those grounds, the Court considered the applicant entitled to bail on parity, notwithstanding the State’s objection regarding the gravity of the offence.

¶ 4, 6

05Holding

The Court allowed the bail application.

¶ 7

It directed that the applicant be released upon furnishing a personal bond of ₹50,000 with one surety in the like amount to the satisfaction of the trial Court.

¶ 7

Bail was subject to conditions prohibiting interference with witnesses or the fair trial and requiring the applicant to attend each hearing until disposal of the trial.

¶ 7
Chhattisgarh High Court

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PUSHU KUMAR SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 15, 2026

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