Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Kabir Sethi v. State (NCT of Delhi)
The Applicant, Kabir Sethi, son of parentage withheld, resident of address withheld, New Delhi, apprehends arrest in FIR No. 000/2026 registered at Police Station police station withheld under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. The FIR arises out of a commercial dispute between his company and Northwind Systems Pvt. Ltd. over a software implementation. VERIFY
VERIFY Date of the FIR: not in the record.
The Applicant has not been arrested and has made no earlier application for bail in this FIR. He has received a notice of appearance under Section 35(3) of the Sanhita and undertakes to join the investigation. ¶
quoted s. 35(3) BNSS
Paragraphs 3 to 5 are omitted from this specimen.
Grounds
Section 482 empowers this Hon’ble Court to direct that, in the event of arrest on an accusation of a non-bailable offence, the Applicant “shall be released on bail”, on such conditions as the Court thinks fit. ¶
quoted s. 482(1) BNSS
The offence alleged is punishable with imprisonment which may extend to seven years. The directions in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, therefore govern: they “shall not only apply to the cases under Section 498-A IPC … but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years” (para 12). ¶
quoted Arnesh Kumar, para 12
The Supreme Court has since required courts to “satisfy themselves on the compliance of Sections 41 and 41-A of the Code”, non-compliance entitling the accused to bail: Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, para 100.3. Those provisions are re-enacted in Section 35 of the Sanhita. ¶
quoted Antil, para 100.3
The Applicant has no criminal antecedents, has deep roots in Delhi, and is not a flight risk. The documents relied upon are in the complainant’s own possession; no recovery is to be effected from him. VERIFY
VERIFY Antecedents: the client’s word.