Regular bail granted to public servant in corruption trap case based on rule of parity with co-accused.

The applicant, an Assistant Grade-2 employee at the Chhattisgarh Housing Board, was arrested on February 5, 2026, in connection with Crime No. 07/2026

The prosecution alleged that the main accused, Poonam Chand Agrawal, demanded a bribe of ₹60,000 from the complainant for work verification and instructed the complainant to hand the money to the applicant

During a trap organized by the Anti-Corruption Bureau, ₹5,000 was recovered from the applicant

The applicant sought regular bail on the grounds of parity with the co-accused, his suspension from service, and the filing of the charge-sheet

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, based on the principle of parity and the completion of primary investigation

The court applied the provisions for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Sections 7 and 12 of the Prevention of Corruption Act

The court relied on the doctrine of parity, noting that the main accused had already been granted bail under similar circumstances

Penal consequences for non-compliance with bail conditions were cited under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS)

The Court evaluated the gravity of the offense against the applicant's duration of detention and the progress of the legal proceedings. It observed that while the applicant was allegedly caught receiving the bribe on behalf of the main accused, the charge-sheet had already been filed, and the trial was expected to be lengthy

Crucially, the Court found that the applicant’s case was identical to that of the co-accused, Poonam Chand Agrawal, who had been granted bail on April 9, 2026, in MCRC No. 3215 of 2026

Given that the applicant had no criminal antecedents and had already been suspended from service, the Court determined that further incarceration was not warranted

The holding was based on the principle of parity and the fact that investigation (charge-sheet filing) was complete

The release was made subject to several conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (Rule 351 BNSS), and warnings regarding proceedings under Section 209 and 269 of the BNS for any breach of liberty