Regular Bail Granted on Grounds of Parity in Cases of Alleged Criminal Breach of Trust

The applicant, Komal Prasad Chandrakar, was arrested on 03.04.2026 in connection with Crime No. 213/2026

Following a physical verification directed by the Collector, Bilaspur, at the Gatoura Society Branch, authorities discovered a shortage of 919.69 quintals of paddy and several hundred jute bags compared to official portal records

Consequently, an FIR was registered against the applicant and three others for criminal breach of trust

The applicant moved this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication and noting that a co-accused had already been granted anticipatory bail

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, on the grounds of parity and the absence of criminal antecedents.

The Court applied Section 316(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, regarding criminal breach of trust

Procedurally, the application was governed by Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

The Court also applied the principle of judicial parity, where an accused may be granted relief if a similarly situated co-accused has been granted bail

The Court... considered the provisions of Section 209 (contempt of lawful authority) and Section 269 (non-attendance in obedience to an order) of the BNS for bail condition purposes

The Court examined the nature of the allegations involving the shortage of government stock and the material available in the case diary

It observed that while the State opposed the bail because the charge-sheet had not yet been filed, the prosecution did not dispute that a co-accused, Rajendra Rathore, had been granted anticipatory bail on 04.05.2026 in MCRCA No. 666/2026

The Court linked the applicant's lack of previous criminal antecedents and his period of incarceration (since 03.04.2026) to the likelihood that the trial would consume significant time

By applying the doctrine of parity, the Court reasoned that the applicant deserved the same relief as the co-accused, provided stringent conditions were met to ensure participation in the trial

The Court allowed the bail application and ordered the release of the applicant upon furnishing a personal bond with two sureties

The grant of bail was made subject to several conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (framing of charges and recording of statements), and a warning that default could lead to proceedings under Sections 209 and 269 of the BNS and Section 84 of the BNSS