Regular bail granted on grounds of parity and charge-sheet filing notwithstanding prior criminal antecedents.

The applicant was arrested on October 23, 2025, in connection with Crime No. 144/2025 registered at Police Station Bhatgaon

The prosecution alleged that the applicant, along with co-accused persons, trespassed into the SECL Bhatgaon Colliery workshop and committed theft of 5 PT boxes, 6 SDL machine bearings, 20 meters of copper cable, and 1 gear box

Following the investigation, a charge-sheet was filed for offences under Sections 305(a), 331(4), 317(2), 3(5), and 112 of the Bharatiya Nyaya Sanhita (BNS), 2023

The applicant moved the High Court for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, citing parity with a co-accused

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the period of detention and the grant of bail to a similarly situated co-accused

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

Substantive offences were considered under Sections 305(a) (theft in a dwelling house/structure), 331(4) (house-trespass), 317(2) (stolen property), 3(5) (common intention), and 112 (abetment) of the Bharatiya Nyaya Sanhita (BNS), 2023

The Court also relied on the principle of parity in bail and the judicial discretion to grant relief when a trial is unlikely to conclude speedily and the offences do not attract the death penalty or life imprisonment

The Court balanced the State’s objection regarding the applicant's six criminal antecedents against the procedural status of the case

It observed that the investigation was complete and the charge-sheet had been filed, rendering further custodial interrogation unnecessary

Critically, the Court noted that a co-accused, Rajan Yadav, had already been granted bail by the High Court in MCRC No. 1200 of 2026 on February 4, 2026

Given that the applicant had been in custody since October 2025 and the trial was expected to take considerable time, the Court determined that continued detention was not justified for offences not punishable by death or life imprisonment, despite the applicant's prior record

The Court allowed the bail application and ordered the applicant’s release on a personal bond with two local sureties, subject to strict conditions including a prohibition against seeking adjournments, mandatory personal appearance at specific trial stages, and potential revocation of bail for non-compliance