Anticipatory bail granted when parties amicably settle and complainant withdraws objection despite prior offenses.

The complainant, Pradeep Kumar Prajapati, alleged that in January 2025, the applicant, Alam Shah, approached him claiming to work for Radha Swami Foundation and offered a 40% discount on vehicles.

The applicant took Rs. 79,500/- from the complainant for a black Activa, including a Rs. 20,000/- down-payment, and assured monthly payments of Rs. 3,700/-.

However, the Cholamandalam Finance Company informed the complainant that only three installments had been paid by the applicant.

When confronted, the applicant made excuses and refused further payments, having paid only Rs. 31,100/- out of Rs. 79,500/-.

A written complaint was filed on October 23, 2025, leading to Crime No. 0179/2025 being registered against the applicant under Section 316(1) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

The applicant filed a first anticipatory bail application.

The applicant's counsel contended that the entire amount had been repaid to the complainant, amicably settling the matter, and copies of payment receipts were filed as Annexure A/3.

The State counsel opposed bail, citing two previous criminal cases against the applicant from 2023 and 2024 under the Excise Act and Indian Penal Code.

The Objector's counsel stated no objection to bail, confirming the applicant had paid the amount and the dispute was amicably settled, and the complainant no longer wished to pursue the complaint.

1. Whether the applicant, Alam Shah, should be granted anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given that the amount in question has been paid, the dispute has been amicably settled with the complainant, and the complainant no longer wishes to pursue the complaint.

The court primarily applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for anticipatory bail.

While not explicitly stated, the inherent powers of the High Court to do justice are invoked under this section.

The court's decision was also guided by principles of judicial discretion in considering facts and circumstances, including amicable settlement between parties and lack of objection from the complainant, in matters of pre-arrest bail.

The Court considered the application for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023.

The key factors influencing the Court's decision were that the applicant had repaid the entire amount to the complainant, leading to an amicable settlement of the dispute.

This crucial development meant that the complainant no longer wished to pursue the complaint and had no objection to the grant of bail.

Despite the State's submission regarding the applicant's two previous criminal cases under the Excise Act and Indian Penal Code from 2023 and 2024, the Court prioritized the amicable settlement and the complainant's lack of objection.

The Court found these circumstances sufficient to grant anticipatory bail, imposing standard conditions to ensure proper conduct and cooperation with the legal process.

It directed that in the event of arrest, the applicant, Alam Shah, be released on bail upon executing a personal bond and one surety in a like sum to the satisfaction of the arresting Officer.

The bail was granted subject to specific conditions, including not inducing or threatening witnesses, not prejudicing the trial, appearing before the trial court on all given dates, submitting Aadhaar card copies with photos, and not involving himself in similar offenses in the future.