Anticipatory bail granted to elderly woman where allegations primarily implicated her son.

The applicant, Smt. Laxmi Gupta, aged approximately 60 years, apprehended arrest in Crime No. 430/2026 registered at Police Station Champa, District Janjgir-Champa, for offences under Sections 316(5), 318(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The complainant alleged that the applicant and her son, who were Post Office agents, induced him to open a recurring deposit account and that her son collected approximately ₹1,21,200 from him between September 2022 and February 2026, while only ₹21,000 was deposited in the account. The balance amount of ₹1,00,200 was allegedly misappropriated.

The applicant contended that the allegations were primarily against her son, with no specific allegation that she personally approached the complainant or received money from him. She also relied on the fact that she was a 60-year-old woman, that her son was already in custody, and that a prior FIR had been lodged by her son against the complainant, indicating prior enmity.

The State opposed the application, asserting that the applicant was involved as an agent in collecting money and that more than ₹1 crore had allegedly been collected from approximately 150 victims.

1. Whether the applicant, apprehending arrest for offences under Sections 316(5), 318(3) and 3(5) of the BNS, was entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Whether, considering the applicant’s age and gender, the absence of a specific overt act attributed to her, her distinguishable role from that of her son, and the stage of the investigation, anticipatory bail ought to be granted.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court or Court of Session to grant anticipatory bail to a person apprehending arrest for a non-bailable offence.

The alleged substantive offences were Sections 316(5), 318(3) and 3(5) of the BNS, concerning the alleged criminal breach of trust, cheating and common liability arising from the alleged misappropriation.

In exercising its discretion, the Court considered the nature of the allegations, the material in the case diary, the applicant’s individual role, her age and gender, the custody of her son, and the likelihood of delay in conclusion of the trial.

No judicial precedent was cited or relied upon in the order.

The Court distinguished the applicant’s alleged role from that of her son, who was specifically alleged to have collected the money and was already in custody.

It took note of the applicant’s submission that no specific overt act or direct receipt of money was attributed to her, while also considering the State’s allegation of her involvement as a Post Office agent and the larger alleged financial fraud.

Without expressing any opinion on the merits, the Court found that the applicant’s age, status as a woman, distinguishable alleged involvement, the custody of her son, and the likelihood that the trial would take considerable time cumulatively made the case fit for anticipatory bail.

The Court directed that, in the event of her arrest, Smt. Laxmi Gupta be released on anticipatory bail upon executing a personal bond with one surety in the like amount to the satisfaction of the arresting officer.

The relief was subject to conditions prohibiting inducement, threat or promise to witnesses; interference with a fair and expeditious trial; non-appearance before the trial court; submission and verification of Aadhaar and photograph documents; and involvement in any similar offence in the future.