Anticipatory bail granted on the principle of parity for offences involving alleged communal speeches.

The applicant, a 51-year-old teacher, filed a first anticipatory bail application apprehending arrest in connection with Crime No. 655/2024

The prosecution alleged that the applicant and co-accused organized a social gathering at Rajwar Bhawan, Ambikapur, where they delivered speeches directed against the Hindu community

The applicant contended that the meeting was intended solely for the betterment of the Christian community and that the venue had been changed from Rajmohini Bhawan to Rajwar Bhawan only because the original site was occupied by an Aadhar Card camp

The State opposed the application, noting that the applicant had one previous criminal antecedent

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the specific facts of the case

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

The applicant was charged under various sections of the Bhartiya Nyaya Sanhita (BNS), specifically Sections 329(3), 333, 299, 115(2), 351(2), 319(2), 191(2), and 190, alongside Section 49 of the C.G. Police Act, 2007

The Court also relied on the principle of parity, ensuring consistency in judicial discretion when dealing with similarly situated co-accused persons

The Court examined the nature of the dispute and the material available in the case diary

It took significant note of the fact that a similarly situated co-accused, Blasiyus Tigga, had already been granted anticipatory bail by the High Court in MCRCA No. 399 of 2026 via an order dated 16.03.2026

Despite the State’s objection regarding the applicant's criminal antecedent, the Court found that the applicant was entitled to the benefit of parity

The Court balanced the sensitivity of the allegations (noting the FIR was not uploaded to the website for this reason) against the applicant’s status as a teacher and permanent resident with no likelihood of absconding

It concluded that the facts and circumstances justified the grant of bail without commenting on the final merits of the trial

It directed that in the event of arrest, the applicant shall be released upon executing a personal bond and one local surety

The grant of bail was made subject to several conditions, including: (a) prohibition against inducing or threatening witnesses; (b) non-prejudicial conduct toward the trial; (c) mandatory appearance before the trial court on all dates; (d) submission of verified Aadhaar details and photographs; and (e) a prohibition against involving himself in similar future offences