Rejection of bail in communal violence cases involving arson and assault on public servants.

The four applicants filed their first bail application following their arrest on April 1, 2026, in connection with Crime No. 31/2026

The prosecution alleged that following a communal provocation involving one Aarif Khan (who had previously damaged a Shivaling), a mob of villagers, including the applicants, attacked the complainant (Kasmuddin Quraishi), his family, and police personnel

The mob allegedly used weapons like iron rods, sticks, and knives, and committed arson by setting houses and vehicles on fire

A charge-sheet was filed on April 7, 2026, against 22 persons, while 8 remain absconding

The applicants sought bail on grounds of parity with other cases, lack of specific allegations, and the completion of the investigation

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the accusations and the principle of parity

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

The court considered the severity of offences charged under various sections of the Bharatiya Nyaya Sanhita (BNS), including Sections 296 (disturbing religious assembly), 115(2) (voluntarily causing hurt), 351(3) (criminal intimidation), 332(b) (c) (house-trespass), and 191 (rioting)

The decision was guided by the judicial principle that bail may be refused regardless of the filing of a charge-sheet if the gravity of the offence, the manner of commission, and the role of the accused suggest a threat to public order or justice

The Court rejected the applicants' plea for parity and the argument regarding the completion of the investigation. It noted that the allegations were "serious and grave," involving active participation in an unlawful assembly, physical assault on both civilians and police personnel, and significant destruction of property through arson

The Court highlighted that bail applications for other co-accused (Gulshan Kumar Sahu, Narendra Sahu, etc.) in the same crime had already been rejected on merits on May 7, 2026, in MCRC No. 4277/2026 and MCRC No. 4282/2026

Since the applicants stood on a "similar footing" to the co-accused whose bail was denied, the court found no grounds to distinguish their roles or grant relief despite their claims of being innocent villagers or the lengthy list of 815 witnesses

The trial court was granted liberty to proceed and conclude the trial expeditiously