Parity with co-accused and absence of name in FIR justify grant of anticipatory bail.

The applicant sought his first anticipatory bail in connection with Crime No. 186/2025 involving alleged offenses under Sections 318(4), 336(2), 337, 338, and 3(5) of the Bhartiya Nyaya Sanhita (BNS), 2023.

The complainant alleged that the applicant and other co-accused individuals conspired to sell a parcel of land using forged documents and dishonestly induced the complainant to pay ₹50,00,000/- as earnest money, which was subsequently usurped.

The applicant contended he was falsely implicated, noting that his name was absent from the First Information Report (FIR) and that co-accused Laxman Chouhan and Abhay Masih had already been granted anticipatory bail by the High Court.

The State opposed the application, citing a criminal antecedent (Crime No. 377/2025) involving similar offenses under the BNS, though the applicant had been enlarged on bail in that matter.

1. Whether the applicant is entitled to the grant of anticipatory bail under the principle of parity with co-accused persons already released on bail.

2. Whether the omission of the applicant’s name from the FIR and the nature of the allegations warrant protection from arrest under Section 482 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

The court primarily applied Section 482 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, which governs the grant of anticipatory bail.

It considered the substantive offenses under the Bhartiya Nyaya Sanhita (BNS), 2023, specifically Section 318(4) (cheating and dishonestly inducing delivery of property), Section 336(2) (forgery), and Section 3(5) (joint liability/common intention).

The court also relied on the principle of judicial parity, ensuring consistency in bail orders for similarly situated co-accused individuals.

The court evaluated the merits of the application by balancing the gravity of the allegations against the procedural history of the case.

It observed that the applicant’s name did not appear in the initial FIR.

Crucially, the court found that two co-accused, Laxman Chouhan and Abhay Masih, who faced similar allegations of conspiracy and fraud, had already been granted anticipatory bail in MCRCA No. 864 of 2025 and MCRCA No. 1427 of 2025.

While the State raised the issue of a criminal antecedent (Crime No. 377/2025), the court noted that the applicant was already enlarged on bail for that offense.

Consequently, the court determined that the applicant was entitled to parity, as the material available on record did not justify a different treatment from the other accused persons who were already protected.

The court directed that in the event of arrest, the applicant be released upon executing a personal bond with one surety, subject to conditions including non-interference with witnesses, regular appearance before the trial court, and a prohibition against committing similar future offenses.

The applicant was further required to provide Aadhaar verification and a photograph to the trial court.