Anticipatory bail granted where no specific allegations exist and parity with co-accused is established.

On June 8, 2025, the deceased, Anju Prajapati, was taken to the residence of a retired nurse, Saroj Verma, for delivery assistance

Following the delivery of a stillborn child and excessive blood loss, the victim was referred to Sanskar Hospital, where she died during treatment

The applicant, a contractual doctor at CIMS Bilaspur and a visiting doctor at Sanskar Hospital, was charged under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023

The applicant moved the High Court for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he was not present at the scene and that his name was not specifically mentioned in the FIR or charge-sheet

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the BNSS, 2023, in light of the lack of specific allegations and his absence from the place of occurrence

Whether the principle of parity applies given that the main accused and other co-accused have already been granted bail

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

Sections 105 (Culpable homicide not amounting to murder) and 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023

The legal principle of parity, ensuring consistency in bail orders for similarly placed accused persons

The court found that there were no specific allegations against the applicant in the FIR or the charge-sheet to establish his direct involvement in the incident

The applicant’s presence at the scene was not established; conversely, his employment and attendance records at CIMS, Bilaspur, supported his contention that he was on duty elsewhere during the incident

The court highlighted that the main accused, Saroj Verma (the nurse who conducted the delivery), had already been granted anticipatory bail by the same court in MCRCA No. 47/2026, and other co-accused had received regular bail

Since the applicant had cooperated with the investigation and there was no evidence of him evading the law, the court determined that custodial interrogation was not warranted

The court held that the applicant is entitled to be released on bail in the event of arrest 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 and photograph for verification; and (d) refraining from committing similar future offences