Parity with co-accused and absence of criminal record justify grant of anticipatory bail.

The applicant sought anticipatory bail apprehended his arrest in connection with Crime No. 322/2025 involving allegations of fraud amounting to Rs. 10,00,000/-

The prosecution alleged that the applicant and his associates induced the complainant to pay Rs. 4,50,000/- under the pretext of securing a government teaching job through "Brainipedia Edutech Private Limited"

Subsequently, the applicant allegedly defrauded the complainant of an additional Rs. 5,50,000/- by promising a government loan of Rs. 1 crore for registering a private company

The applicant contended he was falsely implicated and sought bail on the ground of parity, noting that three co-accused had already been granted anticipatory bail by the High Court

Whether the applicant is entitled to the protection of anticipatory bail under the principle of parity and the absence of criminal antecedents

The court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the statutory framework for the grant of bail to persons apprehending arrest

The substantive offences were registered under Sections 318(4) (Cheating) and 3(5) (Acts done by several persons in furtherance of common intention) of the Bhartiya Nyay Sanhita (BNS), 2023

The court further applied the judicial principle of parity, ensuring consistent treatment of similarly situated accused persons

The court examined the prosecution's allegations alongside the applicant's lack of criminal history

It noted that the State counsel did not dispute that the applicant had no prior criminal record

The primary factor in the court's reasoning was that three co-accused (in MCRCA Nos. 61/2026, 340/2026, and 341/2026) had already been granted anticipatory bail by the same court

Applying the rule of parity to the facts and circumstances, the court determined that the applicant was entitled to the same relief as the co-accused

It directed that in the event of arrest, the applicant be released upon executing a personal bond and one surety

The holding was subject to several conditions, including: (a) a prohibition against tampering with evidence or threatening witnesses; (b) mandatory appearance before the trial court; (c) verification of identity via Aadhaar card and photographs; and (d) a mandate that the applicant shall not involve himself in any similar future offences