Case Note & Summary
The applicants, Ramdev Singh Jadeja, Vishal Mir, and Chintan Arvindbhai Desai, filed a bail application under the Bharatiya Nyaya Sanhita, 2023 in connection with FIR No. 0039 of 2025 registered at Coastal Police Station, Kadaiya, Daman, for offences punishable under Sections 140(2), 308(7), and 3(5) of the BNS. The FIR was lodged on 26th August 2025. The police filed Final Report No. 37 of 2025 before the JMFC, Daman, on 17th December 2025. The applicants sought bail primarily on the ground of parity, as co-accused persons had already been granted bail by the same court. They also argued that they had been in custody since the date of arrest and the trial was not likely to commence soon, making further incarceration unjust. The respondent, Union Territory of Daman & Diu, opposed the application. The court, after hearing the parties, noted that the case of the applicants was identical to that of the co-accused who had been released on bail. The court also considered the period of incarceration and the fact that the trial was not likely to commence in the near future. Applying the principle of parity and the need to avoid pre-trial punishment, the court allowed the bail application. The applicants were directed to be released on bail on furnishing a PR bond of Rs. 25,000 each with one or two sureties. The court imposed conditions including that the applicants shall not tamper with evidence, shall attend the trial regularly, and shall not commit any offence while on bail.
Headnote
A) Criminal Law - Bail - Parity - Section 140(2), 308(7), 3(5) Bharatiya Nyaya Sanhita, 2023 - Applicants sought bail on ground of parity with co-accused who were granted bail by the same court - Court held that since the case of the applicants was identical to that of the co-accused who were released on bail, the applicants were entitled to bail on the same terms - Held that parity is a valid ground for granting bail (Paras 2-4). B) Criminal Law - Bail - Long Incarceration - Section 140(2), 308(7), 3(5) Bharatiya Nyaya Sanhita, 2023 - Applicants had been in custody since 26th August 2025 and the trial was not likely to commence soon - Court held that continued incarceration would amount to pre-trial punishment - Held that long incarceration without trial is a relevant factor for granting bail (Paras 3-4).
Issue of Consideration
Whether the applicants are entitled to bail on the ground of parity with co-accused who have been granted bail, and considering the period of incarceration.
Final Decision
Bail application allowed. Applicants to be released on bail on furnishing a PR bond of Rs. 25,000 each with one or two sureties. Conditions: not to tamper with evidence, attend trial regularly, not commit any offence while on bail.
Law Points
- Bail
- Parity
- Long Incarceration
- Section 140(2) BNS
- Section 308(7) BNS
- Section 3(5) BNS
