Advanced age and parity with co-accused justify grant of anticipatory bail under Section 482 BNSS.

The Applicant, a 64-year-old social worker, sought anticipatory bail regarding Crime No. 655/2024

The prosecution alleged that while verbal permission was granted for a small meeting of 10–15 people at Rajwar Bhawan, a large gathering of thousands occurred for the formation of the "Rashtriya Christian Morcha, Chhattisgarh"

It was further alleged that speakers delivered speeches containing objectionable remarks against the Hindu religion, thereby hurting religious sentiments

The Applicant was subsequently charged under various sections of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Chhattisgarh Police Act, 2007

Whether the Applicant is entitled to the protection of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering his age and the nature of the allegations

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of bail to persons apprehending arrest

Substantively, the case involved Sections 329(3), 333, 299, 115(2), 351(2), 319(2), 191(2), and 190 of the BNS, 2023, and Section 49 of the Chhattisgarh Police Act, 2007

The Court also considered the principle of parity in bail and the relevance of the accused’s age and criminal antecedents in exercising judicial discretion

The Court weighed the prosecution's opposition, which highlighted one previous criminal antecedent, against the Applicant's personal circumstances.

The Court noted that the Applicant is 64 years old and that the trial is expected to be prolonged

Significantly, the Court applied the principle of parity, noting that a co-accused had already been granted bail by the trial court

Without commenting on the ultimate merits of the allegations regarding the delivery of objectionable religious remarks, the Court determined that the facts and circumstances justified the exercise of discretion in favor of the Applicant

It directed that in the event of arrest, the Applicant shall be released on bail upon executing a personal bond with one surety

The release is subject to specific conditions: the Applicant must not influence witnesses, must participate in the trial, must provide Aadhaar verification with a photograph, and must not commit similar future offences