Regular Bail Granted in Commercial Misappropriation Case Alleging Lack of Criminal Intent in Business Disputes

The applicant, Pradeep Ojha, General Manager of 'City Wheels' dealership, was arrested on January 16, 2026.

The complainant, a partner in the firm, alleged that the applicant misappropriated approximately Rs. 1.70 crores collected from customers for vehicle registrations and down payments.

The applicant contended that the dispute was a civil matter involving the reconciliation of accounts rather than a criminal offense and argued that all transactions were under the partners' supervision.

The charge-sheet had already been filed by the time of this application.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), considering the nature of the allegations and the duration of judicial custody.

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

Sections 316(2) (Criminal breach of trust), 316(4) (Criminal breach of trust by a clerk or servant), and 318(4) (Cheating) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Procedural requirements for ensuring the accused's presence during trial under Sections 84, 209, 269, and 351 of the BNSS.

The Court balanced the gravity of the alleged misappropriation of Rs. 1.70 crores against the nature of the evidence and the applicant's conduct. It noted that the applicant served the firm for two years without prior complaint, suggesting that the sudden allegations following internal disputes might indicate mala-fide intent by the complainant.

The Court observed that since the charge-sheet was already filed, the documentary evidence (invoices, bank records) was already in the possession of the investigating agency.

The applicant's lack of criminal antecedents and his continuous incarceration since January 16, 2026, weighed in favor of granting bail, as the prolonged pretrial detention was no longer necessary for investigation.

The Court allowed the bail application and ordered the release of the applicant upon furnishing a personal bond with two local sureties, subject to strict conditions, including mandatory attendance at trial dates and a prohibition against seeking unnecessary adjournments.