Grant of bail where co-accused has secured anticipatory bail and applicant lacks criminal antecedents.

The applicant, Laxmi Sharma, sought regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

She was arrested on April 5, 2026, in connection with Crime No. 198/2026 involving allegations of illegal money lending, extortion, and physical assault.

The complainant, Smt. Ritu Bharti, alleged that she borrowed ₹4,80,000 from co-accused Kanchan Singh at an 80% monthly interest rate, and despite repaying over ₹22,00,000, she was harassed and physically assaulted on March 11, 2026, by the applicant and co-accused to extort further sums.

The applicant contended she was merely an acquaintance of the main accused and had no role in the lending transaction.

1. Whether the applicant is entitled to regular bail considering her alleged role in the crime, the status of the investigation, and the principle of parity with the co-accused?

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

Substantive charges were examined under Sections 296 (obscenity), 115 (voluntarily causing hurt), 351(3) (criminal intimidation), 308(2) (extortion), and 3(5) (joint liability) of the Bhartiya Nyaya Sanhita (BNS), 2023, alongside Section 4 of the Protection of Debtors Act.

The court also considered the principle of parity in bail and the fundamental right to liberty during a prolonged trial.

The Court observed that while the allegations involved active participation in intimidation and assault for extortion, there were several mitigating factors.

The court noted that the primary accused, Smt. Kanchan Singh, who was the alleged beneficiary of the loan, had already been granted anticipatory bail by the same Court on April 30, 2026.

The applicant had no prior criminal antecedents and had been in custody since April 5, 2026.

The court further reasoned that since the charge-sheet had not yet been filed and the trial was likely to take a considerable amount of time, continued incarceration was not warranted.

The Court allowed the bail application and ordered the release of Laxmi Sharma upon furnishing a personal bond with two sureties, subject to specific conditions: the applicant must not seek unnecessary adjournments, must be present on all hearing dates, and must comply with Sections 269, 84, and 351 of the BNSS regarding court attendance and trial procedures.