Facts
The applicant, a 25-year-old private computer operator, sought anticipatory bail regarding or regarding Crime No. 22/2026 at P.S. Majholi.
Source reference: para. 1The prosecution alleges that an inspection of Shreeji Warehouse revealed that the in-charge (Ratnesh Bhatt) and a computer operator (Aman Sen) made false entries of 14934.50 quintals of food grains on an online portal without physical stock verification.
Source reference: para. 6The applicant is accused of assisting these individuals in data entry.
Source reference: para. 6The applicant contended he was not an employee of the warehouse and was implicated solely on suspicion.
Source reference: para. 4It was noted that the main accused, Ratnesh Bhatt, had already been granted anticipatory bail by the Supreme Court.
Source reference: para. 4Issues
1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of BNSS, 2023, considering the nature of the accusation and his role in the alleged forgery.
Source reference: para. 1, 62. Whether the custodial interrogation of the applicant is necessary for the investigation given that relevant seizures have already been made.
Source reference: para. 4, 7Law Applied
The court primarily applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of anticipatory bail.
Source reference: para. 1Underlying penal provisions under Sections 316(2), 316(5), 318(4), 238, and 61(2)/3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Source reference: para. 1The legal principle applied was that anticipatory bail may be granted where there is no risk of the accused fleeing from justice, tampering with evidence, or where incarceration would cause undue social disrepute without being necessary for investigation.
Source reference: para. 7Reasoning
The court observed that the applicant is a young professional with no prior criminal record.
Source reference: para. 4, 5The court noted that the primary investigation is based on stock verification and online entries, much of which has already been processed through seizures.
Source reference: para. 4The court found substance in the argument that the applicant was not an official employee and that his role was secondary.
Source reference: para. 4, 6Applying the principle of parity, the court considered that the principal accused had already secured bail from the Apex Court.
Source reference: para. 4The court reasoned that given the applicant's socio-economic status and lack of criminal antecedents, there was no likelihood of him influencing witnesses or fleeing, and thus his incarceration during the investigation was deemed unnecessary.
Source reference: para. 7Holding
The court allowed the application for anticipatory bail.
The court directed that in the event of arrest, the applicant be released on a personal bond of Rs. 50,000/- with one solvent surety of the same amount, subject to conditions including cooperation with the investigation and non-tampering of evidence.
Source reference: para. 8The order remains effective until the conclusion of the trial.
Source reference: para. 9Original Court PDF
Akash SahuvsThe State Of Madhya Pradesh
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in