Anticipatory bail granted where applicant’s name was missing from FIR and no incriminating material was seized.

The applicant sought anticipatory bail regarding Crime No. 99/2026 registered at Police Station Takhatpur

The prosecution alleged that following an enquiry into the Social Security Scheme by the Tahsildar, it was discovered that one Urvashi Shrivas, in connivance with others, obtained government assistance of Rs. 4,00,000/- via fabricated documents by misrepresenting the cause of her husband's death

The applicant, a neighbor, was implicated for allegedly advising the main accused, though his name was not in the FIR and no incriminating material was seized from him

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) given the nature of the allegations and his specific role

The Court considered the provisions of Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (formerly Section 438 CrPC), regarding the grant of anticipatory bail

The substantive charges involved Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using forged document as genuine), and 34 (common intention) of the Indian Penal Code

The court balanced the gravity of the economic offense against the lack of direct evidence or personal gain by the applicant

The Court evaluated the applicant’s contention that he was merely a neighbor who informed the primary accused of a government scheme without personal gain or intent to defraud

It noted that the applicant's name was absent from the FIR and no articles were seized from his possession

While the State opposed the bail

the Court emphasized that considering the specific facts, circumstances, and the material in the case diary, the applicant did not appear to be a primary beneficiary of the alleged fabrication

The Court determined that the applicant's liberty could be protected subject to stringent conditions to ensure cooperation with the trial

It held that in the event of arrest, the applicant shall be released upon executing a personal bond and one local surety

The relief was granted subject to conditions: the applicant must not induce or threaten witnesses, must appear for all trial dates, must submit Aadhaar verification, and must not engage in similar future offenses