Regular bail granted on ground of parity and lack of antecedents after filing of charge-sheet.

The applicant, Umesh Sahu, filed his first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest in connection with Crime No. 327/2025.

The prosecution alleged that on November 17, 2025, several individuals posing as Income Tax officers entered the house of Dr. Dilip Rathore, seized his mobile phone, and conducted a search.

No injuries were caused, and no valuables were stolen; the individuals fled when asked for a search warrant.

The applicant was arrested on the basis of a memorandum statement provided by co-accused persons who were apprehended on December 16, 2025.

The applicant sought bail on the grounds of parity, noting that co-accused Jitendra Baghel and Sanjay Kumar Ramteke had already been granted regular bail by the High Court.

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

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

The Court also considered the principle of parity in bail matters, where similarly situated co-accused have been granted relief.

The substantive charges against the applicant were registered under Sections 204(2), 319(2), 331(3), 61(2), and 3(5) of the Bhartiya Nyaya Sanhita (BNS), 2023.

The Court observed that the applicant has no prior criminal antecedents.

It noted that the investigation had progressed significantly, as the charge-sheet had already been filed before the competent court.

Applying the principle of parity, the Court found that since co-accused Jitendra Baghel and Sanjay Kumar Ramteke were granted bail in MCRC No. 2228 of 2026 and MCRC No. 2353 of 2026 respectively, the applicant was entitled to similar relief.

Furthermore, the Court reasoned that the conclusion of the trial would likely take a considerable amount of time, making continued pre-trial detention unnecessary.

The Court held that the applicant is entitled to bail on the ground of parity.

The release was made subject to strict conditions, including: (i) an undertaking not to seek unnecessary adjournments [para 7(i)]; (ii) mandatory appearance on all trial dates [para 7(ii)]; (iii) liability for proceedings under Section 209 of the BNS in case of misuse of liberty or absconsion [para 7(iii)]; and (iv) personal presence during key trial milestones such as the framing of charges and recording of statements under Section 351 of the BNSS.