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Mohini Pandey   05 September 2024

Fraud.

(my brother-in-law) Anil Kumar, a 30-year-old accountant, has worked at a construction company in Dehradun for seven years. He is the main provider for his family, which includes his wife, two children, and his elderly parents. Recently, Anil was accused of stealing money from his employer by transferring small amounts over time. The company claims he embezzled a large sum of money over two years, leading to his arrest. Anil says it was a mistake in the accounting software and denies the allegations. Anil was denied bail because, under the old laws, his crime was considered non-bailable. Since his arrest, his family has struggled financially, and his reputation in the community has suffered. Anil has no previous records and he is the sole bread earner of the family. How does the new law impact Anil’s bail application? Can his lawyer convince the judge to release him under the new guidelines, given his nonviolent nature and family responsibilities? What factors must the court consider before deciding on bail under the BSA?



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 3 Replies

Saloni Pande   05 September 2024

Anil could get some relief under the (BNSS) Bharatiya Nagarik Suraksha Sanhita as there are a significant relief for the first time offender. There are lenient conditions laid down by the new laws for granting bail to individual who have no prior criminal record. In Anil’s cases this is relevant as he has no such criminal record and is accused for a non-violent financial crime.

For Anil to have a more lenient condition of bail the BNS provides the first time offender a relief. People having no prior conviction, fall under this category.  The new law take the nature of crime into consideration as Anil is accused of a non-violent offence he could get a favour for applying bail. The personal circumstance is also taken into consideration while deciding upon the accused such as a sole bread earner for the family, this reason could be a compelling factor for court to grant bail.

The lawyers in defence of Anil can argue for his release as under this law bail can be granted for non-bailable offences where the nature and gravity of offense is taken into consideration. And is likely to abscond the accused. An anticipatory bail, under this law will allow individual like Anil to seek bail on the anticipation of being arrested.  The higher courts have the power to release the accuse on bail, therefore his lawyers can approach the court to seek remedy. This new law also discusses about the amount of bond and sureties required for bail where it emphasise on the bond amount should not exceed the financial capacity of the accused.

The following will be taken into consideration by the court :

Nature/ gravity of the offense

Previous Criminal Record

Impact on the family

Public interest

Likelihood of absconding

 

Real Soul.... (LEGAL)     06 September 2024

Stop abusing thsi fouram at least change your sir name too ,,, just consult books


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