HEADLINE: Parity in granting anticipatory bail for similarly situated co-accused in commercial document discrepancy cases under BNS.

The applicant sought anticipatory bail regarding Crime No. 84/2026 registered at Police Station Basna, Mahasamund.

On February 25, 2026, police intercepted two trucks transporting sponge iron under allegedly irregular tax invoices and without proper weighment slips or E-way Bill numbers.

The applicant was charged under Sections 316(4), 317(2), 318(4), 336(2), 338, 340, and 3(5) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

The applicant contended he was not named in the First Information Report (FIR) and sought parity with a co-accused already granted bail.

1. 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 likelihood of a prolonged trial.

Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which governs the High Court's power to grant direction for bail to a person apprehending arrest.

Principle of parity, noting that a similarly situated co-accused, Abdul Salim, had been granted anticipatory bail by the same Court in M.Cr.C(A) No. 619/2026 on April 24, 2026.

The Court analyzed the facts and circumstances of the case, specifically noting that the applicant’s name was absent from the initial FIR.

The Court observed that the primary allegations involved procedural irregularities in transport documentation (tax invoices and weighment slips) rather than violent crime.

The Court applied the doctrine of parity, finding the applicant's situation comparable to co-accused Abdul Salim, who had already been granted relief.

The Court reasoned that since the trial was expected to take a considerable amount of time to conclude, custodial interrogation or detention was not necessitated at this stage.

The Court held that in the event of arrest, the applicant shall be released upon executing a personal bond with one surety, subject to several conditions including non-influence of witnesses, appearance on trial dates, and Aadhaar verification.