Anticipatory bail granted on parity where the co-accused had already received the same relief.

The applicant, a Branch Manager of Cent Bank Home Finance Limited, apprehended arrest in Crime No. 375/2026 registered at Police Station Torwa, Bilaspur, for offences under Sections 420/34 IPC.

The complainant had obtained a housing loan of ₹12,00,000 against mortgage of his property and allegedly paid ₹7,35,000 towards the loan. While ₹2,75,000 was credited to the loan account, approximately ₹4,60,000 was allegedly not credited and was said to have been misappropriated by the applicant in connivance with co-accused Nitin Nigam.

The applicant contended that the case was based primarily on banking and loan-account documents, that there was no specific allegation of her personally receiving the amount, and that the co-accused had already been granted anticipatory bail.

The State and the objector opposed the application.

Whether the applicant, accused of offences under Sections 420/34 IPC, was entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Whether the applicant should receive the benefit of parity in view of the co-accused having already been granted anticipatory bail in the same case.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant anticipatory bail where a person apprehends arrest for a non-bailable offence.

The alleged substantive offences were Sections 420 and 34 of the Indian Penal Code, concerning cheating and acts done in furtherance of common intention.

The Court also applied the principle of parity in bail adjudication, granting similar treatment where a similarly situated co-accused had already been granted anticipatory bail.

The Court considered the nature of the allegations, the applicant’s submissions that the prosecution case was substantially documentary, and the absence of a specific allegation that she personally received the disputed amount.

The decisive consideration was that the co-accused had already been granted anticipatory bail by the same Court in MCRCA No. 1274/2026.

On that basis, and having regard to the circumstances of the case, the Court found it appropriate to extend the benefit of anticipatory bail to the applicant.

The Court directed that, in the event of arrest, Aparna Vishwas be released on anticipatory bail upon executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer.

The relief was subject to conditions prohibiting interference with witnesses or the fair trial, requiring appearance before the trial Court on every date, submission and verification of Aadhaar documents and photographs of the applicant and sureties, and a prohibition against involvement in a similar offence in future.