Anticipatory bail granted where FIR appears to be a counter-blast despite applicant’s criminal antecedents.

The applicant, a journalist, was accused of demanding ₹50,000 from the complainant (a society manager) on 28.10.2025 and 20.11.2025, allegedly threatening to obstruct the society’s operations if the sum was not paid

Consequently, Crime No. 59/2026 was registered at Police Station Baikunthpur on 15.02.2026 for offences under Section 308 (2) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

The applicant moved for anticipatory bail, arguing that the FIR was a delayed "counterblast" to a prior complaint filed by the applicant’s wife against the complainant

He further contended that the office was closed on the first alleged date of the incident and that the complainant had already been terminated from service before the second alleged incident

The State opposed the bail, citing the applicant’s seven criminal antecedents

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the BNSS, 2023, in light of the alleged extortion and his criminal record

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the directions for grant of bail to a person apprehending arrest

The court considered the principles of personal liberty versus the gravity of the offence and the impact of criminal antecedents on the discretion to grant pre-arrest bail

The court examined the facts and circumstances, specifically highlighting the existence of a prior complaint lodged by the applicant’s wife against the complainant, which supported the applicant's plea of false implication or "counterblast"

While the State pointed to the applicant's seven criminal antecedents, the court balanced this against the nature of the current allegations and the likelihood that the trial and investigation would be time-consuming

The court concluded that custodial interrogation was not strictly necessary in this instance, provided the applicant complied with stringent conditions to ensure cooperation with the investigation and prevent the influence of witnesses

It directed that in the event of arrest, the applicant be released on bail upon executing a personal bond and one surety, subject to the conditions that he: (a) shall not threaten or induce witnesses; (b) shall not prejudice the trial; (c) shall appear before the trial court on all dates; (d) shall verify his identity via Aadhaar; and (e) shall not involve himself in similar future offences