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2026 Supreme(Online)(MP) 2566

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Sandeep N. Bhatt, J
Ramendra Sharma – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 54048 of 2025



Advocates:
For the Appellants/Petitioners: Sheshraj Kushwaha
For the Respondents: K.S. Baghel

Grant of anticipatory bail based on the principle of parity when the Apex Court has already granted similar relief to other co-accused or individuals in a related set of identical matters.

Headnote:The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 70/2025 for offences under Sections 61(2)(a), 318(2), and 316(5) of the BNS 2023. The prosecution alleged that the applicant, serving as a Junior Assistant, conspired with other officials and agents to misappropriate 27,846 quintals of paddy valued at Rs. 6,40,45,800/-. The court found that the applicant was entitled to relief based on parity with a similar set of cases. The primary issue was whether the applicant should be granted anticipatory bail given the gravity of the misappropriation. The court reasoned that since the Hon'ble Apex Court in the case of Aman Rajiv Chhabra Vs. State of Madhya Pradesh had granted protection to other petitioners in a similar set of matters, the same benefit should be extended to the present applicant to ensure consistency in judicial treatment. the anticipatory bail application filed by the applicant is allowed.

Table of Content
1. allegations of paddy misappropriation and registration of fir under bns 2023. (Para 1 , 2)
2. request for bail based on parity with a supreme court order in a similar matter. (Para 3 , 4 , 5)
3. grant of anticipatory bail on parity with conditions for cooperation in investigation. (Para 6 , 7 , 8 , 9)

ORDER

This is the first application filed on behalf of the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of anticipatory bail apprehending his arrest in relation to Crime No.70/2025 registered at Police Station - Belkheda, District Jabalpur (M.P.) for the offence punishable under Sections 61 (2)(a), 318(2) and 316(5) of BNS 2023..

2. As per the prosecution story, the allegation against the present applicant, who is the Junior Assistant in Issue Centre, in local office of MPSCSC, Shahpura in collusion with the Society issue center, concerned officer, traders and commission agents, misappropriated 27,846 quintal paddy having minimum support price of Rs.6,40,45,800/-. On the basis of aforesaid allegation, F.I.R was registered.

3. Learned counsel for the applicant submitted that applicant is innocent. He has been falsely implicated in the said offence. He has relied on the order dated 19.12.2025 passed by the Apex Court in same set of matter, of course, in different F.I.R in S.L.P (Cr.) No.15170/2025 and has submitted that facts of the present case are almost identical. There is no need of custodial interrogation of present applicant. The conclusion of trial will take considerable time. In these circumstances, applicant may be granted anticipatory bail.

4. On the other hand, learned counsel for the State has fairly submitted that the Hon'ble Supreme Court has passed the order dated 19.12.2025 in SLP(Cr) No.15170/2025 in the cases relating to Samity Prabhandhak (Society Manager).

5. The Hon'ble Apex Court in the case of Aman Rajiv Chhabra Vs. State of Madhya Pradesh SLP (Cr.) No.15170/2025 dated 19.12.2025 has passed the following order :-

"1. Heard learned counsel for the parties.

2. In pursuance of the orders of this court, the petitioners have been appearing in the investigation and are cooperating with the investigating officer (I.O).

3. In view of the aforesaid, the interim orders dated 08.09.2025, 17.10.2025 and 16.10.2025 are made absolute and it is provided that no coercive action shall be taken against the petitioners, if they continue to co-operate and participate in the investigation.

4. In the event of arrest, the petitioners shall be enlarged on bail on such terms and conditions as may be imposed by the Arresting Officer.

5. The Special Leave Petitions stand disposed of. Pending applications(s), if any, shall also stand disposed of."

6. Considering the aforesaid, I am of the view that the same benefit should be granted to the present applicant on the terms and conditions mentioned in the above order.

7. Looking to the facts and circumstances of the case, without commenting anything on the merits of the case, the anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police then he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8. Applicant shall abide by the following conditions under Section 480 (2) of Cr.P.C :-

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) He shall not leave India without the previous permission of the Court;

(d) He shall not commit similar offence, of which, he is accused or suspected.

9. However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein

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