Anticipatory bail granted to elderly woman where property dispute was predominantly civil in nature.

The applicant, Smt. Rita Singh, apprehended arrest in Crime No. 411/2026 registered at Police Station Utai, District Durg, for offences under Sections 318(2), 318(3), 318(4), 336(3), 338 and 340 of the Bharatiya Nyaya Sanhita, 2023.

The prosecution arose from a complaint under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning an Agreement to Sell relating to certain land parcels, mining machinery and a stone-crusher plant.

The complainant alleged that substantial consideration had been paid, but the entire transaction was not completed; certain properties were owned by third parties or constituted government leasehold land, and some documents and signatures had allegedly been used without consent.

On 31.07.2026, the Judicial Magistrate directed registration of the case, pursuant to which the FIR was registered on 02.08.2026.

The applicant contended that the dispute arose from a commercial transaction involving an agreed consideration of Rs. 4.50 crores, that part of the land had subsequently been transferred to the complainant by a co-accused through a registered sale deed dated 01.10.2025, and that the complainant remained in possession of the property.

She argued that the dispute was essentially civil in nature and that she was a 58-year-old woman.

The objector opposed bail, alleging receipt of approximately Rs. 2,39,50,000 through banking channels, failure to complete the transaction or refund the amount, and the need for further investigation into the ownership, documents and financial transactions.

The State also opposed anticipatory bail on the ground that custodial interrogation might be required.

The applicant’s earlier anticipatory bail application had been rejected by the Sessions Court, while a petition for quashing filed by the co-accused had been dismissed by the High Court.

Whether the applicant, accused of offences arising from the disputed property-sale transaction, was entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Whether the applicant’s age, gender, the subsequent execution of a sale deed for part of the property, and the complainant’s possession justified protection from arrest despite the ongoing investigation and allegations concerning unpaid consideration and disputed documents?

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing directions for grant of bail to a person apprehending arrest.

The Court considered the settled discretionary principles governing anticipatory bail, including the nature and gravity of the allegations, the circumstances of the accused, the requirement of custodial interrogation, the possibility of interference with the investigation or trial, and the need to impose conditions securing the accused’s cooperation and attendance.

The alleged offences were examined with reference to Sections 318(2), 318(3), 318(4), 336(3), 338 and 340 of the Bharatiya Nyaya Sanhita, 2023.

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

After considering the case diary and submissions, the Court noted that the applicant was a 58-year-old woman, that the co-accused had executed a sale deed transferring part of the land to the complainant, and that the complainant continued to possess the entire property.

These circumstances suggested that the dispute arose from a property and commercial transaction and were relevant to the exercise of discretion under Section 482 BNSS.

Without expressing any opinion on the merits or resolving the disputed questions concerning ownership, consideration, documents or alleged dishonest intention, the Court concluded that custodial arrest of the applicant was not warranted at that stage.

The competing concerns of investigation and fair trial were addressed by imposing conditions prohibiting inducement or threats, requiring appearance before the trial court, preventing similar offences, and mandating cooperation with the investigation.

It directed that, in the event of arrest, Smt. Rita Singh be released on bail upon execution of a personal bond of Rs. 1,00,000 with one surety in the like amount to the satisfaction of the arresting officer.

The relief was made subject to conditions requiring her not to influence witnesses or prejudice the trial, to appear on every date before the trial court, to furnish the prescribed identification and photograph documents, not to commit a similar offence, and to cooperate with the investigation.