Facts
The applicant, a Deputy Manager at the State Bank of India, sought anticipatory bail in Crime No. 372/2026, registered under Sections 74, 75(2) and 78 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Source reference: no citationThe complainant, also a bank employee, alleged that the applicant had approached her in a market, sought sexual favours, persistently stalked her and visited her home with improper intent
Source reference: para. 2The applicant denied the allegations and relied, among other matters, on an earlier criminal complaint he had lodged against the complainant and a departmental Internal Committee report finding insufficient evidence to establish the allegations.
Source reference: para. 3The State and the objector opposed bail, relying on the alleged conduct and the complainant’s account.
Source reference: paras. 4–5The High Court had granted interim anticipatory bail at the first hearing.
Source reference: para. 7Issues
Whether the applicant was entitled to anticipatory bail in connection with Crime No. 372/2026
Source reference: paras. 1, 7–8Whether the applicant should be released on anticipatory bail subject to conditions securing the investigation and trial
Source reference: para. 9Law Applied
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), provides for anticipatory bail.
Source reference: para. 8The Court considered the nature of the allegations, the parties’ submissions, the applicant’s employment, the Internal Committee’s findings and the likelihood of the applicant absconding when deciding whether to grant relief.
Source reference: para. 8The alleged offences were under Sections 74, 75(2) and 78 of the BNS.
Source reference: para. 1Reasoning
The Court considered the allegation that the applicant had caught the complainant’s hand and sought sexual favours in a public place, alongside the parties’ prior dispute and the applicant’s account of related proceedings.
Source reference: para. 7Taking into account the nature of the allegations, the applicant’s employment, the Internal Committee’s findings and the absence of a likelihood of absconding, the Court found it appropriate to grant anticipatory bail without expressing any opinion on the merits.
Source reference: para. 8Holding
The Court allowed the application.
It directed that, in the event of arrest, the applicant be released on anticipatory bail on executing a personal bond of ₹25,000 with one surety for the like amount.
Source reference: para. 9The applicant must make himself available for interrogation when required, must not intimidate or influence persons acquainted with the case, must not prejudice a fair and expeditious trial, and must attend the trial Court on each date fixed until disposal of the trial.
Source reference: para. 9Acts & Sections Cited
7 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20236
Original Court PDF
DR. SANT KUMAR NAMDEV (IN PERSON)vsSTATE OF CHHATTISGARH
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