Anticipatory bail granted in cheating case involving fake gold coins despite prior criminal antecedents.

The applicant sought anticipatory bail regarding Crime No. 50/2026 registered at Police Station Marwahi

The complainant, Vishnu Prasad Rathore, alleged that the applicant and co-accused induced him to purchase 440 grams of gold coins, purportedly found during farming, for Rs. 2,00,000/- in cash

Upon verification by a jeweler, the gold was discovered to be fake

The applicant contended he was falsely implicated, noting that no money was transferred to his account and no Test Identification Parade (TIP) was conducted

The State opposed the application, citing the applicant's six previous criminal antecedents

Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, despite having criminal antecedents, considering the nature of allegations and his specific role

Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the High Court's power to grant anticipatory bail

Section 318(4) (Cheating) and Section 3(5) (Common Intention) of the Bhartiya Nyaya Sanhita (BNS)

Bail may be granted if the role attributed to the accused is limited, the offence is triable by a Magistrate, and the trial is likely to be prolonged, provided the accused adheres to strict restrictive conditions to ensure a fair trial

The Court analyzed the facts and weighed the gravity of the accusations against the procedural gaps in the investigation. It noted that while the prosecution alleged a scam involving fake gold, no financial trail linked the complainant’s money to the applicant’s bank account

The lack of a Test Identification Parade weakened the immediate necessity for custodial interrogation

Although the State highlighted six previous criminal antecedents, the Court prioritized the "limited role" attributed to the applicant in this specific instance and the fact that the offence is triable by a Magistrate

The Court reasoned that since the trial would take considerable time, the applicant’s liberty should be protected subject to stringent conditions to prevent witness tampering or recidivism

In the event of arrest, the applicant shall be released on a personal bond with one surety subject to five conditions: (a) no inducement or threats to witnesses; (b) no prejudice to the trial; (c) mandatory appearance on all trial dates; (d) submission and verification of Aadhaar and photographs; and (e) a prohibition against involving himself in future offences of a similar nature