Does the Principle of Parity Require Granting Bail to Co-accused Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

High Court Affirms Established Bail-Parity Doctrine; Binding on Trial Courts for Similarly Situated Accused

Summary

Practical Impact

What’s New / What Lawyers Should Note

• Reaffirms that bail parity applies under Section 483 BNS Sanhita, 2023 when co-accused are on bail and the State does not oppose.
• Emphasizes that no fresh merits inquiry is required if prosecution consent is given and circumstances align.
• Confirms standard bail conditions: bond with sureties, residence outside specific jurisdiction, furnishing current address, attendance at hearings, and non-tampering with evidence.
• Trial courts are empowered to cancel bail for breach of any condition without reverting to the High Court.

Summary of Legal Reasoning

1. Petitioners filed for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of charges under IPC Sections 341, 307, 302, 506, 34 and Sections 3/4 of the Explosive Substances Act read with Arms Act Sections 25/27.
2. The petitioners sought parity with co-accused who had already been granted bail by this Court.
3. The State expressly did not oppose the grant of bail on the same terms.
4. Applying the established parity principle, the court held that differential treatment would be manifestly arbitrary.
5. Consequently, bail was allowed subject to bond, sureties, jurisdictional restrictions, address furnishing, appearance obligations, and non-interference with witnesses or evidence.

Arguments by the Parties

Petitioners

• Sought bail on the ground that co-accused in the same case, charged under identical provisions, had already been granted bail.
• Emphasized non-opposition by the State as a material factor in favour of parity.

State

• Did not oppose the petition, effectively conceding parity entitlement.

Factual Background

In CRM(M)1085/2025, petitioners Murshed Sk. @ Nurshed Sk. and another faced charges under IPC Sections 341, 307, 302, 506, 34, Explosive Substances Act Sections 3 and 4, and Arms Act Sections 25 and 27. They applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, citing that similarly situated co-accused had been admitted to bail by this Court. The trial court’s file showed no opposition from the prosecution, prompting the High Court to grant identical bail terms to the petitioners.

Statutory Analysis

• Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023: Provides the inherent power to grant bail in appropriate cases.
• Reliance on standard bail framework without interpreting other substantive provisions of the IPC, Explosive Substances Act, or Arms Act.

Alert Indicators

• Precedent Followed

Citations

No external citations were referenced in the judgment.