Anticipatory bail granted to alleged attesting witness after co-accused beneficiary received the same relief.

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 1036/2025, registered for offences under Sections 120-B, 34, 420, 467, 468 and 471 of the IPC.

The FIR was registered following a Magistrate’s direction on an application under Section 156(3) CrPC.

The applicant’s case was that he was implicated because he attested a Will dated 16 July 2021, and that the Will’s beneficiary, co-accused Aman Tiwari, had already received anticipatory bail.

The State and objector opposed relief; the objector also referred to the dismissal of an earlier quashing petition and alleged non-cooperation with the investigation.

The State reported no criminal antecedents in the case diary.

Whether the applicant was entitled to anticipatory bail in connection with Crime No. 1036/2025, having regard to the allegations and the circumstances of the case

Whether the grant of anticipatory bail to co-accused Aman Tiwari, together with the applicant’s asserted role as an attesting witness to the Will, supported granting the applicant similar relief

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedural basis for an application seeking anticipatory bail.

The offences alleged were under Sections 120-B, 34, 420, 467, 468 and 471 of the IPC.

The Court identified no precedent or detailed legal test; it considered the case-specific circumstances, including the nature of the allegations and the grant of bail to a co-accused, without expressing an opinion on the merits.

The Court considered the allegations, the parties’ submissions, the absence of any criminal antecedents recorded in the case diary, and the fact that a co-accused had been granted anticipatory bail.

On that overall assessment, and without commenting on the merits, it found the applicant’s case suitable for anticipatory bail.

The relief was conditioned on the applicant making himself available for interrogation, not influencing witnesses, avoiding conduct prejudicial to a fair trial, appearing before the trial court as directed, and cooperating with the investigation.

It directed that, in the event of arrest in Crime No. 1036/2025, the applicant be released on anticipatory bail upon furnishing a personal bond of ₹25,000 with one surety for the like amount, subject to the stated conditions.