Anticipatory bail granted based on parity and pending investigation in case of alleged assault and extortion.

The four applicants filed a first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

They were accused in Crime No. 09/2026 at P.S. Tamnaar for allegedly entering a complainant’s premises with weapons (lathis, hockey sticks, arms), assaulting individuals, using spray on their eyes, and committing dacoity of Rs. 15,000.

The applicants contended they were falsely implicated as retaliation for opposing illegal extortion from truck transporters and that they had visited the site in their capacity as office bearers of a truck association.

While Applicant No. 4 had no criminal record, Applicants 1, 2, and 3 had prior criminal antecedents but had been acquitted in most cases.

Whether the applicants are entitled to the grant of anticipatory bail under Section 482 of the BNSS, 2023, considering the principle of parity and the nature of the allegations.

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of anticipatory bail.

It also considered the principle of parity in bail jurisprudence, noting the previous orders in MCRCA No. 247/2026.

The court examined the penal provisions of Sections 115(2), 118(1), 190, 191(2), 191(3), 296, 310(2), and 351(3) of the BNS, 2023 (relating to hurt, rioting, dacoity, and criminal intimidation) and Sections 25 & 27 of the Arms Act, 1959.

The Court evaluated the facts and circumstances, specifically noting that co-accused persons Gopal Krishna Goenka and Vipin Agrawal had already been granted anticipatory bail by the same Court on February 13, 2026, in MCRCA No. 247/2026.

Although the State opposed the bail citing the criminal antecedents of Applicants 1, 2, and 3, the Court observed that they had been acquitted in the majority of those past cases.

The Court reasoned that since the investigation and trial were likely to take a significant amount of time, and there was no immediate risk of the applicants absconding given their permanent residency, the protection of liberty was warranted.

The Court held that in the event of arrest, the applicants shall be released upon executing a personal bond with one local surety.

The relief was made subject to conditions, including: (a) non-interference with witnesses; (b) regular appearance before the trial court; (c) submission of Aadhaar details and photographs for verification; and (d) a prohibition against involving themselves in similar future offences.