Regular bail granted on grounds of parity in organized cattle theft case under BNS.

The applicants (Junaid Alam and Afsaar) were arrested on January 6, 2026, in connection with Crime No. 901/2025.

The prosecution alleged that on November 26, 2025, the applicants, acting as part of an organized criminal syndicate, stole two cows from the complainant’s house in Ambikapur.

The cattle were allegedly transported in a white Scorpio to Jharkhand and sold, with proceeds distributed among the gang.

The applicants filed this first bail application following the submission of the charge-sheet, seeking release on the grounds of parity with co-accused persons who had already been granted bail.

1. Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the duration of their incarceration.

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

The substantive charges were under Sections 303(2) (theft) and 111 (organized crime) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court also relied on the principle of parity in bail jurisprudence, ensuring similar treatment for similarly placed co-accused.

Procedural conditions for bail were governed by Sections 84 (proclamation for person absconding), 209 (punishment for non-appearance), 269 (non-appearance of accused), and 351 (evidence in presence of accused) of the BNSS.

The Court balanced the gravity of the allegations, specifically the charge of organized crime (Section 111 BNS), against the procedural status of the case.

It noted that while Applicant No. 1 has two criminal antecedents and Applicant No. 2 has one, the charge-sheet has already been filed, and the trial is expected to take a significant amount of time.

Crucially, the Court observed that several co-accused persons (Raifaz, Adam Shah, Ajhar Khan, Takir Khan, and Shoyed) had already been granted bail in related applications (MCRC Nos. 3040, 3031, 2590, and 2545 of 2026).

By applying the doctrine of parity and considering that the applicants had been in custody since January 6, 2026, the Court determined that further detention was not necessitated during the trial.

The Court allowed the bail application and ordered the release of Junaid Alam and Afsaar on personal bonds with two sureties each subject to strict conditions regarding appearance and non-default.