Facts
The applicant was arrested in connection with Crime No. 49/2025 at Police Station Bacheli for allegedly failing to deposit stock shortage amounts (Rs. 92,09,370/-) and liquor sale proceeds (Rs. 60,38,404/-) into the government bank account.
Source reference: para 2The applicant was arrested on 28.11.2025 following a memorandum statement during the investigation.
Source reference: para 2, 3Following the investigation, the prosecution filed the charge-sheet.
Source reference: para 3Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, based on the principle of parity and the absence of criminal antecedents.
Source reference: para 3, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail.
Source reference: para 1Substantive offenses were registered under Sections 316(5), 336(3), 3(5), 318, 338, 340, and 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Source reference: para 1Procedural requirements under Sections 84, 209, 269, and 351 of the BNS/BNSS to be imposed as bail conditions.
Source reference: para 7Reasoning
The Court noted that the applicant had no recorded criminal antecedents.
Source reference: para 3, 6It placed significant weight on the principle of parity, observing that a co-accused had already been granted bail by the Court on 29.01.2026 in MCRC No. 10419 of 2025, and the State did not dispute that the applicant’s case was similar.
Source reference: para 3, 4The Court highlighted that the charge-sheet had already been filed and the applicant had been in custody since 28.11.2025.
Source reference: para 6Given the likely duration of the trial, the Court determined that continued pretrial detention was not warranted.
Source reference: para 6Holding
The Court allowed the bail application, directing the release of the applicant on a personal bond with two sureties.
The holding was predicated on the lack of antecedents, the filing of the charge-sheet, and parity with the co-accused.
Source reference: para 6The release is subject to strict conditions, including an undertaking not to seek adjournments during evidence, mandatory personal appearance on specified trial stages, and warnings regarding proceedings under Section 209 of the BNS in the event of bail misuse.
Source reference: para 7Original Court PDF
DEVENDRA KUMAR PAIKRAvsSTATE OF CHHATTISGARH
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