CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 116 Rishi Dev State of Haryana Date of decision: Date of Uploading : 1 CORAM: Present: SUMEET GOEL 1. seeking grant of anticipat 2023 in FIR No. under Sections Section 13(2) of Prevention of Corruption Act, 1988 at Police St Kanina, D 2. be registered on the basis of a complaint HAFED, Narnaul. It stock stored in the HAFED Complex at Unhani, Kanina, was found missing during physical verification. As per the official records, a large quantity of mustard seed and gunny bags ought to have been available in warehouses. However, upon inspection conducted on 12.03.2026, a shortage of approximately 5,531.60 quintals of mustard seed and a substantial -31975-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rishi Dev V/s State of Haryana Date of decision: 14.07.2026 Date of Uploading : 15.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ashok K. Sharma (Bhana), Advocate for the petitioner. Mr. Gautam Kalie, DAG Haryana. ***** SUMEET GOEL, J. (Oral) Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, 2023 in FIR No.0019 dated 17.03.2026 under Sections 61 and 316(5) of BNS 2023 and Sections 13(2) of Prevention of Corruption Act, 1988 at Police St District Mahendergarh. The prosecution case, in brief, is that the present FIR came to be registered on the basis of a complaint HAFED, Narnaul. It has been alleged that a substantial quantity of mustard stock stored in the HAFED Complex at Unhani, Kanina, was found missing during physical verification. As per the official records, a large quantity of mustard seed and gunny bags ought to have been available in warehouses. However, upon inspection conducted on 12.03.2026, a shortage of approximately 5,531.60 quintals of mustard seed and a substantial 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31975-2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ashok K. Sharma (Bhana), Advocate for the petitioner. Mr. Gautam Kalie, DAG Haryana. Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, registered for offences punishable 61 and 316(5) of BNS 2023 and Sections 13(1)(a) read with 13(2) of Prevention of Corruption Act, 1988 at Police Station City The prosecution case, in brief, is that the present FIR came to be registered on the basis of a complaint made by the District Manager, alleged that a substantial quantity of mustard stock stored in the HAFED Complex at Unhani, Kanina, was found missing during physical verification. As per the official records, a large quantity of mustard seed and gunny bags ought to have been available in warehouses. However, upon inspection conducted on 12.03.2026, a shortage of approximately 5,531.60 quintals of mustard seed and a substantial Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, registered for offences punishable (a) read with City The prosecution case, in brief, is that the present FIR came to by the District Manager, alleged that a substantial quantity of mustard stock stored in the HAFED Complex at Unhani, Kanina, was found missing during physical verification. As per the official records, a large quantity of the warehouses. However, upon inspection conducted on 12.03.2026, a shortage of approximately 5,531.60 quintals of mustard seed and a substantial AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- number of gunny bags was detected. The total financial loss caused to HAFED was assessed at more than that the entire stock and its record were under the custody an of the petitioner, who was functioning as Field Inspector/Store Keeper at the relevant time. The petitioner was also found absent from his place when the discrepancy came to light and the stock register was allegedly not available at the warehouse. came to be registered. 3. petitioner has been falsely implicated into the FIR counsel has further iterated entire shortage of stock to the petitioner m Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no direct evidence has been collected which establish act of misappropriation or embezzlement. contended the complaint was lodged after considerable delay and no plausible explanation has been furnished for the same regarding the veracity of the allegations further contended that the petitioner was not present at the HAFED Complex on the date father of the petitioner was suffering from paralysis which requires constant care and attent proceeding on assumptions and conjectures rather than on any tangible material which connects the petitioner with the alleged offence. Learned counsel has emphasized that regular inspections and -31975-2026 number of gunny bags was detected. The total financial loss caused to HAFED was assessed at more than ₹4.23 c that the entire stock and its record were under the custody an of the petitioner, who was functioning as Field Inspector/Store Keeper at the relevant time. The petitioner was also found absent from his place when the discrepancy came to light and the stock register was allegedly not available at the warehouse. On these set of allegations, the FIR in question to be registered. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR counsel has further iterated that the prosecution has sought to attribute the entire shortage of stock to the petitioner m Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no direct evidence has been collected which establish act of misappropriation or embezzlement. contended that the alleged shortage was noticed on 12.03.2026, however, the complaint was lodged after considerable delay and no plausible explanation has been furnished for the same regarding the veracity of the allegations further contended that the petitioner was not present at the HAFED Complex on the date(s) when the stock father of the petitioner was suffering from paralysis which requires constant care and attention. It has been further contended that the investigation is proceeding on assumptions and conjectures rather than on any tangible material which connects the petitioner with the alleged offence. Learned counsel has emphasized that regular inspections and 2 number of gunny bags was detected. The total financial loss caused to 4.23 crores. It has been further alleged that the entire stock and its record were under the custody and supervision of the petitioner, who was functioning as Field Inspector/Store Keeper at the relevant time. The petitioner was also found absent from his place of posting when the discrepancy came to light and the stock register was allegedly not On these set of allegations, the FIR in question Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question. Learned that the prosecution has sought to attribute the entire shortage of stock to the petitioner merely because he was posted as Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no direct evidence has been collected which establishes his involvement in any act of misappropriation or embezzlement. Learned counsel has further that the alleged shortage was noticed on 12.03.2026, however, the complaint was lodged after considerable delay and no plausible explanation has been furnished for the same which creates serious doubt regarding the veracity of the allegations against the petitioner. It has been further contended that the petitioner was not present at the HAFED when the stock has been illegally removed as the father of the petitioner was suffering from paralysis which requires constant ion. It has been further contended that the investigation is proceeding on assumptions and conjectures rather than on any tangible material which connects the petitioner with the alleged offence. Learned counsel has emphasized that regular inspections and audits of the stock were number of gunny bags was detected. The total financial loss caused to further alleged d supervision of the petitioner, who was functioning as Field Inspector/Store Keeper at the of posting when the discrepancy came to light and the stock register was allegedly not On these set of allegations, the FIR in question Learned counsel for the petitioner has iterated that the Learned that the prosecution has sought to attribute the erely because he was posted as Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no his involvement in any further that the alleged shortage was noticed on 12.03.2026, however, the complaint was lodged after considerable delay and no plausible creates serious doubt has been further contended that the petitioner was not present at the HAFED as the father of the petitioner was suffering from paralysis which requires constant ion. It has been further contended that the investigation is proceeding on assumptions and conjectures rather than on any tangible material which connects the petitioner with the alleged offence. Learned audits of the stock were AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- conducted from time to time and no discrepancy has ever been reported earlier. Furthermore, in case such a huge shortage actually existed, the same would have reflected in the audit reports and inspection records. counsel has further submitted that the a permanent resident of the State; has no criminal antecedents therefore, there is no need for the custodial interrogation of the petitioner. Learned counsel has asserted that th investigation influence any witness and shall abide by all the conditions imposed in case he is enlarged on pre of concession of anticipatory bail is entreated for. 4. anticipatory bail to the petitioner by arguing that the allegations against the petitioner are serious than ₹4 crores to HAFED. Learned State counsel has contended that the petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, Unhani, Kanina and was entrusted with the custody, maintenance and accounting of the mustard Therefore, the petitioner cannot escape the responsibility for such a huge shortage detected during physical verification. of affidavit of Kavita (P) HPS, Deputy Superintendent of Po District Mahendergarh dated 03.06.2026, l contended authorities, a shortage of approximately 5,531.60 quintals of mustard seed and huge to the tune -31975-2026 conducted from time to time and no discrepancy has ever been reported earlier. Furthermore, in case such a huge shortage actually existed, the same would have reflected in the audit reports and inspection records. has further submitted that the petitioner has deep roots in society; is a permanent resident of the State; has no criminal antecedents therefore, there is no need for the custodial interrogation of the petitioner. Learned counsel has asserted that the petitioner investigation as and when required, shall not tamper with evidence or influence any witness and shall abide by all the conditions imposed in case he is enlarged on pre-arrest bail. On strength of these submissions, the of concession of anticipatory bail is entreated for. Per contra, learned State counsel anticipatory bail to the petitioner by arguing that the allegations against the petitioner are serious involving large-scale embezzlem 4 crores to HAFED. Learned State counsel has contended that the petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, Unhani, Kanina and was entrusted with the custody, maintenance and accounting of the mustard stock as well as the co Therefore, the petitioner cannot escape the responsibility for such a huge shortage detected during physical verification. of affidavit of Kavita (P) HPS, Deputy Superintendent of Po District Mahendergarh dated 03.06.2026, l contended that during the course of inspection conducted by the HAFED authorities, a shortage of approximately 5,531.60 quintals of mustard seed huge quantity of gunny bags was detected to the tune of ₹4,23,69,575/- to the State Cooperative Federation. 3 conducted from time to time and no discrepancy has ever been reported earlier. Furthermore, in case such a huge shortage actually existed, the same would have reflected in the audit reports and inspection records. Learned petitioner has deep roots in society; is a permanent resident of the State; has no criminal antecedents and, therefore, there is no need for the custodial interrogation of the petitioner. e petitioner is willing to join the , shall not tamper with evidence or influence any witness and shall abide by all the conditions imposed in case arrest bail. On strength of these submissions, the grant of concession of anticipatory bail is entreated for. , learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations against the scale embezzlement and loss of more 4 crores to HAFED. Learned State counsel has contended that the petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, Unhani, Kanina and was entrusted with the custody, maintenance and stock as well as the corresponding records. Therefore, the petitioner cannot escape the responsibility for such a huge shortage detected during physical verification. Referring to the reply by way of affidavit of Kavita (P) HPS, Deputy Superintendent of Police, Narnaul, District Mahendergarh dated 03.06.2026, learned State counsel has inspection conducted by the HAFED authorities, a shortage of approximately 5,531.60 quintals of mustard seed bags was detected which caused financial loss to the State Cooperative Federation. conducted from time to time and no discrepancy has ever been reported earlier. Furthermore, in case such a huge shortage actually existed, the same Learned petitioner has deep roots in society; is and, therefore, there is no need for the custodial interrogation of the petitioner. is willing to join the , shall not tamper with evidence or influence any witness and shall abide by all the conditions imposed in case grant opposed the grant of anticipatory bail to the petitioner by arguing that the allegations against the ent and loss of more 4 crores to HAFED. Learned State counsel has contended that the petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, Unhani, Kanina and was entrusted with the custody, maintenance and rresponding records. Therefore, the petitioner cannot escape the responsibility for such a huge Referring to the reply by way lice, Narnaul, has inspection conducted by the HAFED authorities, a shortage of approximately 5,531.60 quintals of mustard seed financial loss to the State Cooperative Federation. AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- Furthermore, the the petitioner was also absent from hi discrepancy came to light involvement in the offence. substantial deposits and cash transactions have been noticed in the bank account linked to the petitioner whi known sources of income. According to learned State counsel, the source of these deposits is yet to be ascertained and forms an important aspect of the investigation. Moreover, the custodial interrogation of the pet necessary to trace the money trail, identify the beneficiaries of the embezzled stock and unearth the larger conspiracy involving other persons/officials. the instant petition. 5. gone through the available record of the case. 6. Hon’ble Supreme Court titled as Punjab, 2025 INSC 3 -31975-2026 Furthermore, the stock register has not been the petitioner was also absent from hi discrepancy came to light which raises involvement in the offence. Furthermore, during the course of investigation substantial deposits and cash transactions have been noticed in the bank account linked to the petitioner which appears to be disproportionate to his known sources of income. According to learned State counsel, the source of these deposits is yet to be ascertained and forms an important aspect of the investigation. Moreover, the custodial interrogation of the pet necessary to trace the money trail, identify the beneficiaries of the embezzled stock and unearth the larger conspiracy involving other persons/officials. Accordingly, a prayer has been made for the instant petition. I have heard the learned counsel for the gone through the available record of the case. It would be apposite to refer herein to a judgment of the Hon’ble Supreme Court titled as Devinder Kumar Bansal vs. The State of Punjab, 2025 INSC 320, relevant whereof reads as under: “21. The parameters for grant of anticipatory bail in a serious offence like corruption are required to be granted only in exceptional circumstances where the Court is prima facie of the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances have been made out by the petit bail and there is no frivolity in the prosecution. 22. In the aforesaid context, we may refer to a pronouncement in Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) 7 Scale 15, wherein this Court expressed thus: 4 has not been found available at the spot and the petitioner was also absent from his place of posting when the which raises serious suspicion regarding his Furthermore, during the course of investigation substantial deposits and cash transactions have been noticed in the bank ch appears to be disproportionate to his known sources of income. According to learned State counsel, the source of these deposits is yet to be ascertained and forms an important aspect of the investigation. Moreover, the custodial interrogation of the petitioner is necessary to trace the money trail, identify the beneficiaries of the embezzled stock and unearth the larger conspiracy involving other Accordingly, a prayer has been made for the dismissal heard the learned counsel for the rival parties and have gone through the available record of the case. It would be apposite to refer herein to a judgment of the Devinder Kumar Bansal vs. The State of relevant whereof reads as under: The parameters for grant of anticipatory bail in a serious offence like corruption are required to be satisfied. Anticipatory bail can be granted only in exceptional circumstances where the Court is prima facie f the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances have been made out by the petitioner accused for grant of anticipatory bail and there is no frivolity in the prosecution. In the aforesaid context, we may refer to a pronouncement in Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) , wherein this Court expressed thus: found available at the spot and s place of posting when the serious suspicion regarding his Furthermore, during the course of investigation substantial deposits and cash transactions have been noticed in the bank ch appears to be disproportionate to his known sources of income. According to learned State counsel, the source of these deposits is yet to be ascertained and forms an important aspect of the itioner is necessary to trace the money trail, identify the beneficiaries of the embezzled stock and unearth the larger conspiracy involving other dismissal of and have It would be apposite to refer herein to a judgment of the Devinder Kumar Bansal vs. The State of The parameters for grant of anticipatory bail in a serious offence satisfied. Anticipatory bail can be granted only in exceptional circumstances where the Court is prima facie f the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances ioner accused for grant of anticipatory In the aforesaid context, we may refer to a pronouncement in Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- -31975-2026 “28. While granting bail, the court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, c accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt.” 23. The presumption of innocence, by itself, cannot be the consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering the plea for anticipato to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused’s liberty can, sometimes, defeat the cause of public justice. 24. If liberty is to be denied to an accused to ensure society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to say that once the investigation is over and charge may consider to grant regular bail to a public servant indulging in corruption. 25. Avarice is a common frailty of mankind and Robert Walpole's famous pronouncement that all men h unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: “Among a people generally corrupt, liberty cannot last long”. In more recent years Romain Rolland lamented that France fell because there was corruption without indignation. Corruption has, in it, very dangerous potentialities. Corruption, a word of wide connotation has, in respect of almost all the spheres of our day to day life, all allowing decisions and actions to be influenced not by the rights or 5 “28. While granting bail, the court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and ions. It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the Court dealing with the grant of bail can only er there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond The presumption of innocence, by itself, cannot be the sole consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering the plea for anticipatory bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused’s liberty can, sometimes, defeat the If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to he investigation is over and charge-sheet is filed, the court may consider to grant regular bail to a public servant - accused of Avarice is a common frailty of mankind and Robert Walpole's famous pronouncement that all men have their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: “Among a people generally corrupt, liberty cannot last long”. In more recent years Romain Rolland lamented that France fell because there was corruption without indignation. Corruption has, in it, very dangerous potentialities. Corruption, a word of wide connotation has, in respect of almost all the spheres of our day to day life, all the world over, the limited meaning of allowing decisions and actions to be influenced not by the rights or “28. While granting bail, the court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the ircumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and ions. It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the Court dealing with the grant of bail can only er there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond sole consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in ry bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused’s liberty can, sometimes, defeat the corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to sheet is filed, the court accused of Avarice is a common frailty of mankind and Robert Walpole's ave their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: “Among a people generally corrupt, liberty cannot last long”. In more recent years, Romain Rolland lamented that France fell because there was corruption without indignation. Corruption has, in it, very dangerous potentialities. Corruption, a word of wide connotation has, in respect of almost all the the world over, the limited meaning of allowing decisions and actions to be influenced not by the rights or AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- 7. serious allegations have been levelled against the petitioner. The allegations against the petitioner Act, 1988 which by their very nature are serious and grave. Corruption by public servant is not merely an offence against an individual but constitutes and offence against the society at large administration. Thus, the Courts are, therefore, require greater degree of caution while considering the grant of anticipatory bail in such cases. From the perusal of the record, it emerges that the against the petitioner pertain to large belonging to a State cooperative institution. The material collected during the course of official entrusted with stored at the HAFED Complex. The shortage discovered during of physical verification has allegedly resulted in loss exceeding the public exchequer. directly responsible for maintaining the inventory and records. The prosecution has placed -31975-2026 wrongs of a case but by the prospects of monetary gains or other selfish considerations. 26. If even a fraction of what was the vox pupuli about of corruption to be true, then it would not be far removed from the truth, that it is the rampant corruption indulged in with impunity by highly placed persons that has led to economic unrest in this country. If one is asked to name one sole factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption. If the society in a developing country faces a menace greater than even the one from the hired assassins to its law and order, then that is from the co at the higher echelons of the Government and of the political parties. As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations against the petitioner pertain to offences under the Prevention of Corruption Act, 1988 which by their very nature are serious and grave. Corruption by public servant is not merely an offence against an individual but constitutes and offence against the society at large, administration. Thus, the Courts are, therefore, require greater degree of caution while considering the grant of anticipatory bail in such cases. From the perusal of the record, it emerges that the gainst the petitioner pertain to large-scale misappropriation of public stock belonging to a State cooperative institution. The material collected during the course of investigation prima facie indicates that the petitioner was the official entrusted with maintenance, custody and accounting of the stock stored at the HAFED Complex. The shortage discovered during physical verification has allegedly resulted in loss exceeding the public exchequer. The role attributed to the petitioner directly responsible for maintaining the inventory and records. The prosecution has placed the 6 case but by the prospects of monetary gains or other selfish If even a fraction of what was the vox pupuli about the magnitude of corruption to be true, then it would not be far removed from the truth, that it is the rampant corruption indulged in with impunity by highly placed persons that has led to economic unrest in this country. If one is factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption. If the society in a developing country faces a menace greater than even the one from the hired assassins to its law and order, then that is from the corrupt elements at the higher echelons of the Government and of the political parties.” As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations pertain to offences under the Prevention of Corruption Act, 1988 which by their very nature are serious and grave. Corruption by public servant is not merely an offence against an individual but constitutes , eroding public confidence in the administration. Thus, the Courts are, therefore, required to exercise a greater degree of caution while considering the grant of anticipatory bail in such cases. From the perusal of the record, it emerges that the allegations scale misappropriation of public stock belonging to a State cooperative institution. The material collected during indicates that the petitioner was the maintenance, custody and accounting of the stock stored at the HAFED Complex. The shortage discovered during the course physical verification has allegedly resulted in loss exceeding ₹4 crores to The role attributed to the petitioner is that he was directly responsible for maintaining the inventory and other corresponding the material which suggests that case but by the prospects of monetary gains or other selfish the magnitude of corruption to be true, then it would not be far removed from the truth, that it is the rampant corruption indulged in with impunity by highly placed persons that has led to economic unrest in this country. If one is factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption. If the society in a developing country faces a menace greater than even the one from the rrupt elements As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations pertain to offences under the Prevention of Corruption Act, 1988 which by their very nature are serious and grave. Corruption by public servant is not merely an offence against an individual but constitutes g public confidence in the to exercise a greater degree of caution while considering the grant of anticipatory bail in allegations scale misappropriation of public stock belonging to a State cooperative institution. The material collected during indicates that the petitioner was the maintenance, custody and accounting of the stock the course 4 crores to is that he was corresponding the AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- entries regarding issuance of mustard stock were made b himself in the official registers. At this stage, the explanation furnished by the petitioner particularly in view of the documentary material indicating his participation in record case is at investigation cannot be brushed aside as vague or baseless. 8. HAFED Complex on the date does not merit acceptance case in hand. The stand of the investigating agency before this Court is that the custodial interrogation of the petitioner is necessary to involvement of other officials Furthermore, the plea of false implication raised by the petitioner is a disputed question of fact and involve cannot be adjudicated upon at this stage. The same can only be adjudicated upon the conclusion of the investigation or during the course of trial. In the considered opinion of this Court, granting anticipatory bail at th likely hamper the on been shown, at this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present below has alre relevant factors, including the manner in which the name of the petitioner surfaced during investigation. considering a plea for between safeguarding individual rights and protecting societal interests. The -31975-2026 entries regarding issuance of mustard stock were made b himself in the official registers. At this stage, the explanation furnished by the petitioner that he was absent from duty does not inspire confidence particularly in view of the documentary material indicating his participation in record maintenance on the relevant dates. The investigation in the present is at a crucial stage. At this stage, the material collected during investigation cannot be brushed aside as vague or baseless. The plea of the petitioner that HAFED Complex on the date(s) when the stock does not merit acceptance, at this stage, in the present factual milieu of the case in hand. The stand of the investigating agency before this Court is that todial interrogation of the petitioner is necessary to involvement of other officials/persons and to Furthermore, the plea of false implication raised by the petitioner is a disputed question of fact and involves appreciation of evidence, which cannot be adjudicated upon at this stage. The same can only be adjudicated upon the conclusion of the investigation or during the course of trial. In the considered opinion of this Court, granting anticipatory bail at th likely hamper the on-going investigation. been shown, at this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present below has already declined the plea of the petitioner after considering the relevant factors, including the manner in which the name of the petitioner surfaced during investigation. It is befitting to mention here that while considering a plea for grant of anticipatory between safeguarding individual rights and protecting societal interests. The 7 entries regarding issuance of mustard stock were made by the petitioner himself in the official registers. At this stage, the explanation furnished by from duty does not inspire confidence particularly in view of the documentary material indicating his participation maintenance on the relevant dates. The investigation in the present At this stage, the material collected during investigation cannot be brushed aside as vague or baseless. of the petitioner that petitioner was not present at the when the stock has been illegally removed in the present factual milieu of the case in hand. The stand of the investigating agency before this Court is that todial interrogation of the petitioner is necessary to ascertain the and to recover the relevant records Furthermore, the plea of false implication raised by the petitioner is a s appreciation of evidence, which cannot be adjudicated upon at this stage. The same can only be adjudicated upon the conclusion of the investigation or during the course of trial. In the considered opinion of this Court, granting anticipatory bail at this stage may going investigation. No cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present FIR. Furthermore, the Court ady declined the plea of the petitioner after considering the relevant factors, including the manner in which the name of the petitioner It is befitting to mention here that while grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The y the petitioner himself in the official registers. At this stage, the explanation furnished by from duty does not inspire confidence particularly in view of the documentary material indicating his participation maintenance on the relevant dates. The investigation in the present At this stage, the material collected during not present at the illegally removed in the present factual milieu of the case in hand. The stand of the investigating agency before this Court is that ascertain the relevant records. Furthermore, the plea of false implication raised by the petitioner is a s appreciation of evidence, which cannot be adjudicated upon at this stage. The same can only be adjudicated upon the conclusion of the investigation or during the course of trial. In the is stage may plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner Furthermore, the Court ady declined the plea of the petitioner after considering the relevant factors, including the manner in which the name of the petitioner It is befitting to mention here that while bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigatio deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that made out against the petitioner. The material which has come on record and the preliminary accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In 1039, the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) 9. and the grant of anticipatory bail at this juncture will impede the fair effective investigation. Considering the nature and seriousness of the allegations, the specific role assigned, the stage of investigation as also necessity of custodial interrogation for -31975-2026 Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigatio deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that made out against the petitioner. The material which has come on record and preliminary investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In State v. Anil Sharma, (1997) 7 SCC , the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well-ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in suc interrogation would elude if the suspected person knows that he is well protected and insulated by a pre interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that t with the danger of the person being subjected to third need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders. In the present case, the investigation is still at a crucial stage and the grant of anticipatory bail at this juncture will impede the fair effective investigation. Considering the nature and seriousness of the allegations, the specific role assigned, the stage of investigation as also necessity of custodial interrogation for verification of facts 8 Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that a prima facie case is not made out against the petitioner. The material which has come on record and investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) , the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in suc interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible ce officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” In the present case, the investigation is still at a crucial stage and the grant of anticipatory bail at this juncture will impede the fair and effective investigation. Considering the nature and seriousness of the allegations, the specific role assigned, the stage of investigation as also verification of facts, this Court is of Court ought to reckon with the magnitude and nature of the offence; the role n as also the deeper and wide impact of such alleged iniquities on the society. At this case is not made out against the petitioner. The material which has come on record and investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective 187 : 1997 SCC (Cri) “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to he custodial interrogation is fraught degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible ce officers would conduct themselves in task of disintering offences In the present case, the investigation is still at a crucial stage and effective investigation. Considering the nature and seriousness of the the , this Court is of AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document CRM-M- the considered opi anticipatory bail in the factual 10. (i) (ii) of opinion upon merits of the case/investigation. (iii) July 14, 202 Ajay -31975-2026 the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual milieu of the case in hand. In view of the prevenient ratiocination, it is ordained thus: The instant petition is devoid of merits and is hereby dismiss Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. 2026 Whether speaking/reasoned: Whether reportable: 9 nion that the petitioner does not deserve the concession of of the case in hand. In view of the prevenient ratiocination, it is ordained thus: petition is devoid of merits and is hereby dismiss Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No nion that the petitioner does not deserve the concession of petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2026.07.15 10:02 I attest to the accuracy and integrity of this document