Parity in Anticipatory Bail for Alleged Financial Fraud involving Similarly Situated Co-accused granted Relief.

The applicant, Tulsinand Sahu, filed his first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, apprehending arrest in connection with Crime No. 433/2025.

The prosecution alleged that the main accused, Ramnarayan Sahu, and others induced the complainant to invest ₹39,10,000 in the share market with a promise of doubling it, which they ultimately failed to return.

The applicant contended he was falsely implicated, asserting he was himself a victim who had paid ₹12,00,000 to the main accused and had filed a prior complaint regarding the same.

A co-accused, Dharanidhar Patel, had already been granted bail by the High Court.

1. Whether the applicant is entitled to the benefit of anticipatory bail under Section 482 of the BNSS 2023

2. Whether the principle of parity applies to the applicant’s case in light of the bail granted to a similarly situated co-accused

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of anticipatory bail

principles of parity in criminal jurisprudence, where an applicant may be entitled to bail if a similarly situated co-accused has already been granted such relief

The court also assessed the necessity of custodial interrogation and the potential for the applicant to cooperate with the investigation

The Court examined the nature of the dispute and the applicant's role, noting that no specific allegations were made against him by the complainant and that he claimed to be a victim of the main accused himself

The Court analyzed the investigation status, observing that the charge sheet had already been filed against the main accused and that the applicant had expressed a willingness to cooperate, rendering custodial interrogation unnecessary

Crucially, the Court applied the principle of parity, noting that co-accused Dharanidhar Patel had been granted anticipatory bail by the same Hon’ble High Court in MCRCA No. 531 of 2026 on 10.04.2026

The Court allowed the MCRCA and granted anticipatory bail to Tulsinand Sahu. The holding directed that, in the event of arrest, the applicant be released upon executing a personal bond and providing one local surety, subject to conditions including non-interference with witnesses, attending all trial dates, and not involving himself in similar future offences. The application was disposed of with a directive to verify the applicant's identity via Aadhaar credentials