Anticipatory bail granted on grounds of parity to employer following release of co-accused employees.

During routine patrolling on October 1, 2025, police received information regarding the illegal storage and unauthorized sale of flammable liquids in a yard belonging to the applicant, Suraj Shah

Upon conducting a raid, the applicant allegedly fled the scene, while co-accused persons were apprehended with 1500 liters of diesel and 40 liters of petrol

The applicant sought anticipatory bail, contending he was not present at the spot, had no knowledge of the acts of his employees (co-accused), and that no incriminating material was found against him in the charge-sheet

It was further noted that co-accused Neeraj Kumar and Akhilesh Choubey had already been granted regular bail on December 15, 2025

1. Whether the applicant is entitled to the protection of anticipatory bail under the principle of parity and the specific facts of the case

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

The substantive charges were registered under Sections 287 (negligent conduct with respect to fire or combustible matter) and 111 (organized crime) of the Bhartiya Nyaya Sanhita (BNS), and Section 3 read with Section 7 of the Essential Commodities Act, 1955, which penalizes the contravention of orders regarding essential commodities

The Court also relied on the principle of parity in judicial discretion regarding bail

The Court evaluated the applicant's submission that he was falsely implicated and that the essential ingredients of the alleged offences were not established against him

The Court took significant note of the procedural history, specifically that the investigation had progressed to the filing of a charge-sheet

The primary reasoning for granting relief was the fact that the co-accused persons, from whose actual possession the fuel was seized, had already been granted bail by the same High Court in M.Cr.C. No. 8927/2025

Consequently, the Court found it appropriate to extend the benefit of parity to the applicant, as the primary offenders were already at liberty and the applicant's direct involvement remained a matter of trial

It held that in the event of arrest, the applicant shall be released on bail upon executing a personal bond with one surety, subject to several conditions: (a) non-interference with witnesses; (b) cooperation with a fair trial; (c) regular appearance before the trial court; (d) submission of verified identification (Aadhar and photograph); and (e) refraining from committing similar offences in the future