Bail granted to female accused without criminal antecedents in forgery case involving fraudulent pension withdrawal.

The applicant, Kanti, filed her first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The prosecution alleged that the applicant, being the second wife of co-accused Kamaluddin, conspired to withdraw CMPF and gratuity funds amounting to ₹4,51,000/- belonging to Kamaluddin

It is alleged that the applicant's photo was edited onto the PAN and Aadhaar cards of the first wife (complainant Nasima Begam) to facilitate this withdrawal, despite a Family Court order dated 31-07-2025 restraining the release of said funds

The applicant was arrested on 28.01.2026

1. Whether the applicant is entitled to regular bail considering her gender, age, lack of criminal antecedents, and length of incarceration

The court applied the provisions of Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail

The substantive charges were registered under Sections 319(1) (Cheating), 318(4) (Cheating and dishonestly inducing delivery of property), 338 (Forgery of valuable security), 336(1) (Forgery), 340(2) (Using as genuine a forged document), read with Section 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023

The Court weighed the gravity of the allegations against the personal circumstances of the applicant. It noted that the applicant is a 50-year-old woman and has been in custody since January 28, 2026

The Court observed that the charge-sheet had not yet been filed and that the trial was likely to take a significant amount of time to conclude

Critically, the Court highlighted that the applicant had no prior criminal antecedents

Balancing the nature of the allegations involving the fraudulent withdrawal of funds via document forgery with the principles of liberty and the absence of a criminal history, the Court determined that continued incarceration was not warranted

The holding directed the release of the applicant on a personal bond with two sureties, subject to specific conditions: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence during trial or proceedings under Section 269 BNS for absence; (iii) initiating proceedings under Section 209 BNS and Section 84 BNSS if bail is misused; and (iv) mandatory personal appearance for framing of charges and recording of statements under Section 351 BNSS