HC Grants Pre-Arrest Bail to Persons Not Yet Named

The petitioners approached the High Court seeking pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apprehending arrest in connection with Crime No. 104 of 2025 registered at Central Crime Station, Hyderabad. Notably, they were not formally arrayed as accused at the time of filing the petition. The petitioners contended that they were wrongly identified as “Directors”, whereas the entity in question was a partnership firm and they were merely partners.

It was further argued that the alleged fraud dated back to 2021, while the firm itself was constituted only in April/May 2024, making their involvement improbable. Additionally, it was submitted that the day-to-day affairs were handled by another individual and that petitioner No. 2, being a woman, was entitled to statutory protection. On the other hand, the prosecution alleged that the petitioners were actively involved in a fraudulent scheme involving fake invoices and diversion of funds amounting to several crores to related entities without actual supply of goods. It was also pointed out that notices had already been issued to them to appear for investigation, but instead, they sought anticipatory bail.

Central Issue: Whether pre-arrest bail can be granted to persons not yet formally arrayed as accused but against whom allegations of involvement exist during investigation.

HC’s Ruling: The High Court allowed the criminal petition and granted pre-arrest bail to the petitioners. The Court observed that although the petitioners were not formally named as accused, the material on record indicated allegations of involvement. Considering that the case primarily rested on documentary evidence and the overall circumstances, the Court found it appropriate to extend protection.

The Court directed that in the event of arrest, the petitioners shall be released on bail upon furnishing personal bonds of Rs. 25,000 each with sureties. They were also directed to cooperate with the investigation, appear before the Investigating Officer as required, and comply with statutory conditions under the BNSS.

To Read Full Judgment, Download PDF Given Below