Anticipatory bail may be granted on parity where a co-accused faces identical allegations and has received bail.

Chetna Singh, the applicant’s sister and daughter of co-accused Tikatin Bai alias Pushpa, filed a complaint under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Following an inquiry, the Magistrate directed the police to register a case, and Crime No. 0649/2026 was registered at Kotwali Police Station, Korba, for offences under Sections 463, 464, 467, 470, 471 and 120-B of the Indian Penal Code.

Kuldeep Singh sought anticipatory bail under Section 482 of the BNSS, claiming innocence, no criminal antecedents, and parity with his mother, who had already been granted anticipatory bail in MCRCA No. 1486/2026.

The State opposed the application but did not dispute that the allegations against the applicant were identical to those against his mother.

1. Whether the applicant was entitled to anticipatory bail in connection with Crime No. 0649/2026

2. Whether the grant of anticipatory bail to the applicant’s co-accused mother, together with the absence of criminal antecedents, supported granting him relief on parity

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the basis for seeking anticipatory bail.

The Court considered the circumstances of the case, the nature of the allegations, parity with a co-accused who had been granted anticipatory bail, and the applicant’s lack of criminal antecedents in deciding whether to grant relief.

The alleged offences were under Sections 463, 464, 467, 470, 471 and 120-B of the Indian Penal Code.

The order cites no precedent or further substantive test for anticipatory bail.

The Court considered the applicant’s relationship to the co-accused, the prior grant of anticipatory bail to his mother, the absence of criminal antecedents, and the State’s confirmation that the allegations against the two were identical.

On those circumstances, and without expressing any view on the merits, the Court found the applicant’s case fit for anticipatory bail.

The applicant must cooperate with interrogation, refrain from influencing persons acquainted with the case, avoid conduct prejudicial to a fair and expeditious trial, and appear before the trial Court on each date fixed until disposal of the trial.