01Facts
The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Crime No. 169/2026, registered for alleged offences under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶ 1The prosecution alleged that the applicant and co-accused Jitesh Kumar Chandrakar fraudulently obtained a bank loan of ₹5,50,000 and a mobile loan of ₹40,000 in the complainant’s name without his knowledge.
¶ 2The applicant denied involvement, contending that the co-accused completed the bank formalities and that the complaint was delayed and malicious.
¶ 3The State and complainant opposed bail, relying on the allegations against the applicant, the alleged withdrawal of the loan proceeds, and the rejection of the co-accused’s anticipatory-bail application.
¶ 4–5The Court considered the submissions and case diary.
¶ 602Issues
i.Whether the applicant was entitled to anticipatory bail under Section 482 BNSS in light of the allegations that he participated in fraudulently obtaining loans in the complainant’s name?
¶ 1–2, 7ii.Whether the rejection of the co-accused’s anticipatory-bail application and the applicant’s criminal antecedents weighed against granting him anticipatory bail?
¶ 703Law Applied
The application was considered under Section 482 of the BNSS, which provides for anticipatory bail.
¶ 1The alleged offences were under Sections 318(4) and 3(5) of the BNS.
¶ 1The Court’s stated reasoning relied on the allegations in the FIR, the alleged manner of the offence, the rejection of the co-accused’s anticipatory-bail application, and the applicant’s antecedents.
¶ 7Provisions in the judgment · 3 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482
Bharatiya Nyaya Sanhita, 2023 Section 318Section 3
04Reasoning
The Court considered the allegations against the applicant alongside those against the co-accused and the alleged manner in which the complainant was defrauded.
¶ 7It also noted that the co-accused’s anticipatory-bail application had been rejected and that the applicant had criminal antecedents, although he had been acquitted in the earlier cases.
¶ 7On those grounds, the Court declined to grant anticipatory bail, notwithstanding the applicant’s submissions that he was not named in the bank documents and that the allegations were vague.
¶ 3, 705Holding
The Court held that the applicant was not entitled to anticipatory bail.
¶ 8The Court rejected Hori Lal Pankaj’s application under Section 482 BNSS.
¶ 8Original Court PDF
HORI LAL PANKAJvsSTATE OF CHHATTISGARH
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