01Facts
The complainant alleged that, after his mother’s death, he discovered that ₹6,650 payable under an LIC policy taken in his name had been withdrawn without his receiving it.
¶ 2The complaint accused the applicant, an LIC agent, of withdrawing the amount; the crime was registered under Sections 419 and 420 of the IPC.
¶ 2The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting that he was falsely implicated, had no criminal antecedents, and that the case diary contained no material showing his involvement.
¶ 1, 3The State opposed the application but acknowledged that the case diary contained no documents identifying who had facilitated the transfer.
¶ 4The applicant’s counsel also stated that a co-accused had returned the amount.
¶ 502Issues
i.Whether the applicant was entitled to anticipatory bail in connection with the alleged offences under Sections 419 and 420 of the IPC.
¶ 1, 3–703Law Applied
The Court considered the applicant’s request for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
¶ 1The alleged offences were under Sections 419 and 420 of the IPC.
¶ 1The Court’s stated considerations were the nature of the allegations, the absence of case-diary documents identifying who facilitated the transfer, and the absence of other criminal antecedents.
¶ 7No precedent was cited.
Provisions in the judgment · 3 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482
Indian Penal Code, 1860 Section 419Section 420
04Reasoning
The Court found that the case diary contained no documents showing who had acted to transfer the policy amount, leaving the applicant’s alleged role unsupported by such material.
¶ 7It also noted that the applicant had no other criminal antecedents.
¶ 7On those circumstances, and without commenting on the merits, the Court considered anticipatory bail appropriate.
¶ 705Holding
The Court allowed the application and directed that, in the event of arrest in the relevant crime, the applicant be released on anticipatory bail upon executing a personal bond of ₹25,000 with one surety for the like amount.
¶ 8The applicant must remain available for interrogation, must not threaten or induce persons connected with the case, must not prejudice a fair and expeditious trial, and must attend each trial-court date until disposal of the trial.
¶ 8Original Court PDF
YADUNATH PATELvsSTATE OF CHHATTISGARH
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