Regular bail granted on parity where similarly placed co-accused had already been released on bail.

The applicants—Chandraprakash Dongre, Aman Bharti, Vikas Bharti and Rahul Bharti—were arrested in connection with Crime No. 336/2026 registered at City Kotwali, Balodabazar, for offences under Sections 351(2), 296, 191(2), 191(3), 190, 109(1), 115(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that, after the complainant uploaded a threatening Instagram status, he was confronted by the co-accused and their associates, abused, threatened, assaulted, and subjected to an attempt to ignite petrol poured on his head; the accused fled upon the arrival of members of the public.

The present applicants were subsequently implicated during investigation.

They had remained in custody since 24 April 2026.

Applicant No. 1 had no criminal antecedents; the other applicants had varying criminal antecedents, including convictions and acquittals.

The applicants sought regular bail principally on the ground of parity, relying on bail orders previously granted to co-accused by the High Court in MCRC Nos. 7082/2026, 6822/2026 and 5633/2026.

Whether the applicants were entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the facts of the case and the likelihood of delay in conclusion of the trial.

Whether the applicants were entitled to bail on the ground of parity with co-accused persons who had already been granted bail by the High Court.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), which empowers the High Court to grant regular bail to an accused in custody.

The governing principle applied was parity in bail adjudication: similarly situated accused persons should ordinarily receive similar treatment where co-accused involved in the same occurrence have already been granted bail, subject to the individual circumstances and antecedents of each accused.

The Court further considered the period of custody and the likelihood that the trial would take considerable time to conclude.

The Court also considered the offences alleged under the relevant provisions of the BNS.

The Court noted that the applicants had been in custody since 24 April 2026 and that the trial was likely to take some time.

Although the antecedents of Applicants Nos. 2 to 4 were considered, the State did not dispute that the co-accused had already been granted bail or that the present applicants stood on an identical footing with those co-accused.

Balancing the applicants’ antecedents against the principle of parity, the period of incarceration and the anticipated delay in trial, the Court found it appropriate to grant bail.

The Court also imposed conditions designed to ensure the applicants’ attendance, prevent unnecessary adjournments and address any misuse of bail.

The High Court directed that Chandraprakash Dongre, Aman Bharti, Vikas Bharti and Rahul Bharti be released on bail upon furnishing a personal bond with two sureties each to the satisfaction of the trial court.

The applicants were required, inter alia, not to seek adjournments when witnesses were present, to remain present on each date fixed by the trial court, and to appear personally on the dates fixed for opening of the case, framing of charge and recording of their statements under Section 351 of the BNSS.

The Court further directed transmission of the certified order to the trial court for compliance.