Facts
The prosecution alleged that on receipt of credible information, a police raid was conducted at the residence of one Nandkumar in Village Pondi, where several individuals were found manufacturing illicit liquor
Source reference: para 4The search resulted in the seizure of 8.82 bulk liters of country-made liquor and various manufacturing materials, including bottle caps, hologram stickers, a color printer, and a cap-sealing machine
Source reference: para 4During the investigation, it was revealed that the applicant, a 77-year-old resident of Jamshedpur, and another individual, Rakesh Kohli, had allegedly supplied the chemicals and machinery used in the illegal manufacturing process
Source reference: para 4The applicant was arrested on November 30, 2025, and charged under several provisions of the Chhattisgarh Excise Act and the Bharatiya Nyaya Sanhita (BNS), 2023
Source reference: para 3, 5After the filing of the charge-sheet, the applicant moved the High Court for regular bail, citing parity with a co-accused
Source reference: para 5Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, on the grounds of parity and the absence of criminal antecedents
Source reference: para 3, 5, 8Law Applied
The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the procedure for the grant of regular bail
Source reference: para 3It considered the penal provisions of Sections 34(1)(B), 34(2), 35, 49(A), and 59(2) of the Chhattisgarh Excise Act, and Sections 318(4), 336(2), 336(3), 340(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023
Source reference: para 3The court also relied on the judicial principle of parity in bail matters, where similarly situated accused persons are treated equally regarding their liberty
Source reference: para 5, 8Reasoning
The court examined the facts and noted that the applicant had no prior criminal history
Source reference: para 5, 8It observed that the investigation was substantially complete as the charge-sheet had already been filed before the competent court
Source reference: para 5, 8The court placed significant emphasis on the principle of parity, noting that the co-accused, Rakesh Kohli—who faced identical allegations of supplying materials from Jamshedpur—had been granted bail by the same court on the preceding day in MCRC No. 3014/2026
Source reference: para 5, 8Given that the applicant had been in custody since November 30, 2025, and that the trial was expected to be protracted, the court determined that further detention was not warranted
Source reference: para 8Holding
The court held that the applicant was entitled to release on the ground of parity and the lack of criminal antecedents
The High Court allowed the bail application and granted regular bail to the applicant
Source reference: para 9The release was conditioned upon the applicant furnishing a personal bond with two local sureties and strict adherence to trial protocols, including a prohibition on seeking unnecessary adjournments and a requirement to be present at all key stages of the trial
Source reference: para 9Original Court PDF
MOHAN PRASAD GUPTAvsSTATE OF CHHATTISGARH
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