Anticipatory Bail Granted on Grounds of Parity and Victim Status Despite Criminal Antecedents

The applicant sought anticipatory bail regarding Crime No. 470/2025 involving allegations that the main accused, Ram Narayan Sahu, and others defrauded a complainant of Rs. 22,00,000/- under the pretext of doubling the investment in the share market.

The applicant contended he was falsely implicated, noting that the police had previously issued a memo stating no crime was registered against him.

The applicant claimed to be a victim himself, having deposited Rs. 56,60,000/- with the main accused.

The State opposed the application, citing the applicant's three criminal antecedents.

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the nature of the allegations and his criminal history.

2. Whether the principle of parity applies due to the grant of bail to a similarly situated co-accused.

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant anticipatory bail.

The principle of parity, which dictates that if a similarly situated co-accused has been granted relief, the applicant should ideally receive similar treatment unless distinguished by specific facts.

Sections 316(5) (Criminal breach of trust), 318(4) (Cheating), 318(3), 3(5), and 111 (Organized crime) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The Court evaluated the facts and circumstances, specifically noting the nature of the financial dispute and the material on record.

While the State raised concerns regarding the applicant's three criminal antecedents, the Court prioritized the fact that a similarly situated co-accused, Dharanidhar Patel, had already been granted anticipatory bail by the same High Court in MCRCA No. 527 of 2026 on 09.04.2026.

The Court reasoned that the applicant was entitled to the benefit of parity and determined that custodial interrogation was not necessary at this stage.

The court held that in the event of arrest, the applicant shall be released upon executing a personal bond and one local surety, subject to conditions including: non-interference with witnesses, regular appearances before the trial court, verification of Aadhaar details, and a prohibition against committing similar future offences.