Anticipatory bail granted to octogenarian accused on grounds of parity and advanced age-related medical infirmities.

The applicant, an 84-year-old retired Sub-Postmaster, sought anticipatory bail regarding an FIR registered in 1992 (Crime No. 694/1992).

The prosecution alleged that in a 1988 land acquisition case, a compensation cheque of Rs. 12,840.55 issued to one Amarsay was fraudulently altered to Rs. 5,12,840.55 by inserting the digit '5'.

The District Saving Officer discovered the interpolation and filed a complaint leading to charges under the IPC and Prevention of Corruption (PC) Act.

The applicant contended he was bedridden with age-related ailments, had no role in the cheque issuance or payment, and sought parity with a co-accused who was previously granted bail.

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering his age, health, and the principle of parity.

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 438 CrPC) governing anticipatory bail.

The Court considered Sections 420 (cheating), 467, 468, 471 (forgery), 34, 120B (conspiracy) of the IPC, and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act.

The decision also relied on the principle of parity in bail jurisprudence, referencing the previous court order in Amir Ali v. State of Chhattisgarh (MCRCA No. 874 of 2026).

The Court examined the nature of the dispute and the material on record to determine the necessity of custodial interrogation.

It noted that the investigation had been pending for a significant duration (since 1992) and the trial was expected to take considerable time.

The Court highlighted the applicant’s personal circumstances—specifically his advanced age (84 years), various medical conditions (hypertension, diabetes, memory loss), and the fact that he was bedridden.

Crucially, the Court observed that a similarly situated co-accused, Amir Ali, had already been granted anticipatory bail by the same High Court on 18.06.2026, thereby establishing a ground for parity for the present applicant.

The Court held that the applicant is entitled to the benefit of parity and, in the event of arrest, shall be released upon executing a personal bond and providing one local surety.

The Court allowed the application and granted anticipatory bail to the applicant subject to conditions: the applicant must cooperate with the trial, not influence witnesses, and submit Aadhaar verification.