Granting bail when similarly situated co-accused have already been enlarged on bail, affirming coordinate-bench precedents and providing persuasive authority for criminal practitioners
Summary
| Category | Data |
|---|---|
| Case Name | BLAPL/7478/2025 of TOPHAN BAG Vs STATE OF ODISHA |
| CNR | ODHC010480642025 |
| Date of Registration | 18-07-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Mr. Justice Aditya Kumar Mohapatra |
| Court | Orissa High Court |
| Bench | Single-Judge |
| Precedent Value | Persuasive authority |
| Overrules / Affirms | Affirms coordinate-bench bail grants |
| Type of Law | Criminal law (bail) |
| Questions of Law | Whether a petitioner is entitled to bail under Section 483 BNSS when similarly situated co-accused have already been granted bail by coordinate benches |
| Ratio Decidendi |
The High Court, exercising its power under Section 483 BNSS, held that once investigation is complete and the final charge-sheet filed, parity demands that a petitioner who is similarly situated to co-accused already on bail should also be enlarged on bail. The court may impose stringent conditions as deemed just and proper. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court |
The petitioner was in custody since 12-06-2025 for alleged offences under Sections 467, 468, 471, 472, 474, 475, 420, 120-B, 34 IPC in Balangir Town P.S. Case No. 141/2023 and CID CB Case No. 05/2023. Investigation completed and final charge-sheet filed; co-accused had been enlarged on bail in BLAPL Nos. 13283/2023 and 7045/2025. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Odisha |
| Persuasive For | Other High Courts and criminal benches |
| Follows |
|
| ✔ Precedent Followed | Coordinate-bench decisions granting bail to co-accused under similar circumstances are affirmed |
What’s New / What Lawyers Should Note
- Reaffirms that once investigation is complete and the charge-sheet is filed, parity with co-accused bail grants weighs heavily in favour of bail.
- Endorses reliance on coordinate-bench orders to support bail applications under Section 483 BNSS.
- Confirms scope for High Court to impose “stringent conditions” when exercising discretionary bail powers.
- Illustrates that readiness of the petitioner to abide by conditions may tip the balance in favour of release.
Summary of Legal Reasoning
- Exercise of Section 483 BNSS power
The court invoked its jurisdiction under Section 483 BNSS to consider regular bail. - Completion of investigation and charge-sheet
Investigation having concluded and final charge-sheet filed militates in favour of bail. - Parity principle
Similarly situated co-accused had already been enlarged on bail by coordinate benches (BLAPL Nos. 13283/2023 and 7045/2025); parity requires equal treatment. - Discretionary conditions
Bail was granted subject to “stringent conditions” as deemed just and proper by the trial court.
Arguments by the Parties
Petitioner
- In custody since 12-06-2025.
- Investigation completed and final charge-sheet filed.
- Similarly situated co-accused were granted bail by coordinate benches (BLAPL Nos. 13283/2023 & 7045/2025).
- Ready to abide by any conditions imposed by the court.
Factual Background
The petitioner was arrested in Balangir Town P.S. Case No. 141 dated 24-03-2023 and CID CB Case No. 05 dated 31-03-2023 (G.R. Case No. 422-B/2023) for alleged offences under Sections 467, 468, 471, 472, 474, 475, 420, 120-B, 34 IPC. He has been in custody since 12-06-2025. The investigation was completed and the final charge-sheet filed. Co-accused in the same case were enlarged on bail by other benches of this Court in BLAPL Nos. 13283/2023 (01-03-2024 batch) and 7045/2025 (06-08-2025 batch), prompting this petition for parity.
Statutory Analysis
- Section 483 BNSS: Empowers the High Court to grant bail in pending criminal proceedings; the court exercised this power on the basis of completed investigation, charge-sheet filing, and parity with co-accused.
- No other statutory provisions were analysed or interpreted in the judgment.
Alert Indicators
- ✔ Precedent Followed – existing coordinate-bench bail grants affirmed.