Brother Not Named In FIR Gets Anticipatory Bail As Delhi HC Cites Only ₹1.35 Lakh Transferred From Sister’s Account

The petitioner sought anticipatory bail in FIR No. 47/2025, registered at P.S. Tilak Marg under Sections 420, 120-B and 34 of the IPC.

The complainant alleged that the petitioner’s sister, Nusrat Jahan, obtained approximately ₹19 lakh from her for medical treatment and later issued four cheques that were dishonoured.

The petitioner was not named in the FIR or in the complainant’s legal notice; the identified circumstance against him was receipt of ₹1,35,000 from his sister’s account.

The sister had been arrested and was in custody.

The petitioner’s anticipatory-bail application had been dismissed by the Sessions Court on 5 October 2026.

Section 482 of the BNSS provides for anticipatory bail; the application was also brought under Section 528 of the BNSS.

The alleged offences were under Sections 420, 120-B and 34 of the IPC.

Relying on Pradip N. Sharma v. State of Gujarat, 2025 SCC OnLine SC 457, the Court applied the principle that anticipatory bail may be granted where the investigation is primarily documentary, custodial interrogation is not shown to be necessary, and the accused can be secured through cooperation requirements and appropriate conditions.

The Court noted that the petitioner was neither named in the FIR nor included among the addressees of the complainant’s legal notice, and that the complaint made no allegation against him.

The only identified link was the transfer of ₹1,35,000 from his sister’s account, with no material indicating that he knew the source of the funds.

The relevant transfers were recorded in bank statements already obtained by the investigators.

In those circumstances, and applying the documentary-evidence and custodial-necessity principles in Pradip N. Sharma, the Court found custodial interrogation unwarranted.

If arrested in FIR No. 47/2025, the petitioner was to be released on a personal bond of ₹50,000 with one surety for the like amount, subject to the Arresting Officer/IO’s satisfaction.

Conditions required him to join the investigation when called, produce bank statements and other required documents, assist in tracing the funds allegedly transferred by the complainant to his sister, and provide and keep active his residential address and mobile number.

The State may seek recall or vacation of the order in the event of breach or non-cooperation; the petition and pending application were disposed of.