Anticipatory bail granted on grounds of parity in alleged misappropriation of public distribution commodities.

The applicant, the Manager of Aadivasi Sewa Sahakari Samiti Limited, sought anticipatory bail regarding Crime No. 88/2026 registered at Police Station Urga

The prosecution alleged that a Food Inspector discovered the embezzlement and misappropriation of ration materials (rice, sugar, and gram) worth approximately ₹39,71,598 during storage and distribution

The applicant contended that he was falsely implicated, had no role in the distribution process, and that the primary allegations were directed at the seller, Hanuman Kumar Rathiya.

Furthermore, the applicant argued parity, noting that the co-accused Rathiya had been granted anticipatory bail by the same Court on March 2, 2026

Whether the applicant is entitled to the grant of anticipatory bail under the provisions of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the principle of parity and the projected duration of the trial

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the directions for grant of bail to persons apprehending arrest

The substantive charges involved Sections 316(5) (Criminal breach of trust by public servant) and 3(5) (Acts done by several persons in furtherance of common intention) of the Bhartiya Nyaya Sanhita (BNS), 2023

The Court also relied on the judicial principle of parity, whereby similarly situated accused persons may be granted similar relief

The Court evaluated the gravity of the embezzlement charges against the specific role attributed to the applicant

It noted that the State did not dispute the fact that the co-accused, Hanuman Kumar Rathiya, had already been granted anticipatory bail in MCRCA No. 346/2026

The Court observed that the applicant is a permanent resident and had undertaken to cooperate with the investigation

Acknowledging that the investigation and trial were likely to take considerable time, and without commenting on the merits of the case, the Court found it fit to extend the benefit of anticipatory bail to the applicant to ensure his liberty pending trial, subject to stringent conditions to prevent the obstruction of justice

It directed that in the event of arrest, the applicant shall be released on bail upon executing a personal bond and one surety, subject to conditions including: (a) non-interference with witnesses, (b) regular appearance before the trial court, (c) submission of Aadhaar verification, and (d) a prohibition against committing similar offences in the future