Anticipatory Bail Granted on Grounds of Parity in Absence of Criminal Antecedents under BNS and BNSS.

The applicant sought anticipatory bail regarding Crime No. 39/2026 registered at Police Station Birra under Section 318(4) of the Bhartiya Nyay Sanhita (BNS), 2023.

The prosecution alleged that a fraudulent death certificate for one Smt. Suman Bai was created—with conflicting death dates of 27.11.2024 and 02.06.2025—to illegally claim ₹1 lakh under the Mukhya Mantri Nirman Shramik Mrityu avam Divwang Sahayata Yojna.

While the main accused is Ashok Patel, the applicant was implicated based on a memorandum statement given by the main accused during the investigation.

The applicant contended he was falsely implicated and noted that a co-accused had already been granted bail.

1. Whether the applicant is entitled to the protection of anticipatory bail under the Bhartiya Nagarik Suraksha Sanhita (BNSS) based on the principle of parity and lack of criminal antecedents?

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

The court relied on the principle of parity in judicial discretion, whereby an accused may be granted relief if a similarly situated co-accused has already been granted such relief by the same court.

The court considered the absence of criminal antecedents as a factor in favor of the applicant.

The court evaluated the nature and gravity of the allegations involving the fraudulent procurement of government welfare funds through forged documents.

The court balanced the severity of the offense against the fact that the applicant's implication appeared to stem from the memorandum of the main accused rather than direct evidence at this stage.

The court observed that a co-accused in the same crime (MCRCA No. 457 of 2026) had been granted anticipatory bail on 02.04.2026.

Finding no significant distinction between the applicant’s situation and that of the bailed co-accused, and noting the applicant’s clean criminal record, the court determined that the applicant was entitled to parity.

The court held that in the event of arrest, the applicant shall be released upon executing a personal bond with one surety, subject to several conditions including non-influence of witnesses and participation in trial.