01Facts
The complainant alleged that the applicant, her co-worker, introduced her to persons associated with ASA Trading Company and facilitated her involvement in obtaining bank loans, which were then transferred to the company. The complainant alleged that the company failed to repay the loan instalments, causing her financial loss. A crime was registered under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
¶ 1–2The applicant argued that her role was limited to introducing the complainant to the company and that she received none of the alleged funds. The State acknowledged that the case diary did not show any amount being deposited with the applicant
¶ 3–402Issues
i.Whether the applicant was entitled to anticipatory bail under Section 482 of the BNSS, having regard to her alleged role and the material in the case diary
¶ 1, 603Law Applied
Section 482 of the BNSS empowers the Court to direct that a person apprehending arrest be released on bail, subject to such conditions as it considers appropriate. The alleged offences were under Sections 318(4) and 3(5) of the BNS
¶ 1The Court applied no cited precedent; its decision rested on the nature of the allegations, the applicant’s alleged role, and the case-diary material
¶ 6Provisions 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 that the applicant was alleged to have introduced the complainant to the persons running ASA Trading Company, but the case diary did not indicate that any part of the complainant’s funds had been deposited with the applicant.
¶ 4–6Weighing that circumstance alongside the nature of the allegations and the parties’ submissions, the Court found it appropriate to grant anticipatory bail, without expressing any view on the merits
¶ 4–605Holding
The Court allowed the application and directed that, in the event of her arrest in connection with the crime, the applicant be released on anticipatory bail upon executing a personal bond of ₹25,000 with one surety for the like amount
¶ 7The order requires her to remain available for interrogation, refrain from influencing persons acquainted with the case, avoid conduct prejudicial to a fair and expeditious trial, and attend the trial court on every date fixed until disposal of the trial.
¶ 7Original Court PDF
SANGEETA RAJ TIRKEYvsSTATE OF CHHATTISGARH
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