The principle of parity necessitates that an accused be granted anticipatory bail when a co-accused with a similar role has already received such relief, provided the applicant submits to mandatory conditions for investigative cooperation.

ORAL ORDER

1. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State.

2. Heard learned advocate for the applicant and learned APP for the respondent – State.

3. By way of the present application under Section Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the applicant - accused has prayed for anticipatory bail in connection with the FIR bearing No.11191016260038 of 2026 registered with Paldi Police Station, Ahmedabad City for the offences punishable under Sections 316(2), 318(4), 61, 54 of the Bharatiya Nyay Sanhita, 2023 .

4. Learned advocate for the applicant submits that the co accused Chunara Niruben Bababhai has already been considered by this Court and having regard to the present applicant herein, the principle of parity, and prayer may be considered.

5. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

6. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.

7. Having regard to the role attributed to the present applicant herein and role attributed to the co-accused Chunara Niruben Bababhai, applying the principle or parity, I am inclined to grant anticipatory bail to the applicant.

8. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with FIR No. 11191016260038 of 2026 registered with Paldi Police Station, Ahmedabad City on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety each of like amount on the following conditions :-

(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

(b) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade his from disclosing such facts to the Court or to any police officer;

(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

(e) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change residence till the final disposal of the case till further orders;

(f) shall not leave India without the permission of the concerned trial Court and if having passport shall deposit the same before the concerned trial Court within a week;

(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;

9. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

10. Rule is made absolute to the aforesaid extent. Direct service is permitted.