Facts
The complainant alleged that he was induced to pay commissions in connection with a purported coal-transport contract and transferred a total of ₹73,60,000 to company and other accounts.
Source reference: para. 2The complaint alleged a conspiracy involving several persons, including the applicant.
Source reference: para. 3The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The applicant asserted that no money was transferred to his account and that he had no criminal antecedents; the State also acknowledged that no amount had been transferred to the applicant’s account and that he had no criminal antecedents.
Source reference: paras. 3–4Issues
Whether the applicant was entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the allegations and the circumstances placed before the Court.
Source reference: paras. 1, 3–6Law Applied
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides for a direction granting bail in anticipation of arrest.
Source reference: para. 1The alleged offences were under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The Court stated no separate test or precedent; it considered the facts and circumstances, the nature of the allegations, and the parties’ submissions in deciding the application.
Source reference: para. 6Reasoning
The Court considered the allegation concerning the applicant’s role alongside the submissions that no funds had been transferred to his account and that he had no criminal antecedents—facts also acknowledged by the State.
Source reference: paras. 3–4Having regard to the circumstances and the nature of the allegations, and without commenting on the merits, the Court found it appropriate to grant anticipatory bail.
Source reference: para. 6Holding
The Court allowed the application and directed that, if arrested in connection with the crime, the applicant be released on anticipatory bail on a personal bond of ₹25,000 with one surety for the like sum.
The applicant must cooperate with interrogation when required, refrain from influencing persons acquainted with the case or otherwise prejudicing a fair trial, and attend the trial court on each date fixed until disposal of the trial.
Source reference: para. 7Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20232
Original Court PDF
PUSHPENDRA BHUSAKHAREvsTHE STATE OF CHHATTISGARH
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