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Salil Mahajan vs. Avinash Kumar & Anr. (SC)

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Bharatiya Nagarik Suraksha Sanhita,2023–Sec. 482 [ Corresponding Sec. 438 of Cr.P.C., 1973 ]–Bharatiya Nyaya Sanhita, 2023–Secs. 316(4), 344 & 61(2)–Grant of anticipatory bail–Justification–Observation of the High Court that there would be no justifiability for custodial interrogation or pre-trial incarceration at this stage–Further observation that there is a return of half of the embezzled amount–Reasoning are completely in disregard the status report of the investigation–Judgment of the High Court is vitiated for non-consideration of essential facts–Impugned order is liable to be set aside.