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

The applicant filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail following his arrest in connection with Crime No. 404/2025.

The prosecution alleged that on December 13, 2025, a dispute arose at a liquor shop in Hirmi regarding the overpricing of alcohol.

The applicant, along with co-accused persons, allegedly assaulted the complainant and his associates with wooden sticks and iron rods, causing grievous injuries and damaging two vehicles.

The applicant was arrested on January 27, 2026, and the investigation concluded with the filing of a charge-sheet.

Whether the applicant is entitled to the grant of regular bail during the pendency of the trial, primarily on the grounds of parity with a co-accused and the completion of the investigation.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant regular bail.

It also considered the principle of parity in bail jurisprudence, noting that a co-accused with identical circumstances, Ishwar Kurre, was previously granted bail in MCRC No. 2717 of 2026.

Additionally, the court referenced procedural requirements under Sections 269, 84, 209, and 351 of the BNSS and the Bharatiya Nyaya Sanhita (BNS) to ensure the applicant’s presence during trial.

The court observed that the investigation was complete and the charge-sheet had already been filed.

Although the State counsel opposed the bail citing one criminal antecedent, the court noted that the State could not dispute that the applicant’s case was identical to that of the co-accused, Ishwar Kurre, who had already been granted bail by the same court on March 23, 2026.

Considering that the applicant had been in custody since January 27, 2026, and that the trial was expected to take a significant amount of time, the court determined that the applicant was entitled to bail on the grounds of parity.

The holding was based on the filing of the charge-sheet, the duration of pretrial detention, and parity with the co-accused.

The bail was made subject to strict conditions, including a prohibition on seeking unnecessary adjournments, a mandate to appear personally at crucial trial stages (framing of charges, recording of statements), and a warning that any misuse of liberty would result in proceedings under Sections 209 and 269 of the BNS.