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Fraud

Querist : Anonymous (Querist) 05 September 2024 This query is : Resolved 
(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?
T. Kalaiselvan, Advocate (Expert) 05 September 2024
If he was arrested under the previous law then he cannot seek to invoke new law even for getting enlarged on bail.
Law will sympathize the accused, however his lawyer can present arguments convincing the court about the background of the accused and pray for bail.


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