Anticipatory Bail granted to accused of using forged Income Tax Return for bank loan

Anticipatory bail granted to accused of using forged Income Tax Return (ITR) for taking bank loan

ABCAUS Case Law Citation
ABCAUS 3639 (2023) (01) HC

In the instant case, the accused applicant had moved application before the High Court for anticipatory bail. Allegation against the accused-applicant was that she had submitted forged income tax returns for obtaining loan amount the Bank.

However, the accused-applicant had repaid the entire amount along with interest and the bank issued ‘No Dues Certificate’ and no further amount was due to the Bank.

The Applicant had submitted that the co-accused of this case had been granted anticipatory bail by the High Court, therefore, on the basis of principles of parity the present applicant may also be granted anticipatory bail till conclusion of trial.

The High Court observed that only allegation against the accused-applicant was that she submitted forged income tax returns while obtaining the loan, no purpose would be served by arresting and sending the accused-applicant jail inasmuch as investigation had been completed and charge-sheet has already been filed.

The High Court ordered that the accused-applicant be enlarged on anticipatory bail till conclusion of trial. She was directed to appear before the trial Court concerned within one week from today. The accused-applicant was further directed to file a personal bond and two local and reliable sureties each amount to the satisfaction of the court concerned.

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