1 Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to as ‘BNS’ GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 2 GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 3 A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a decision:- the petitioners have already joined the investigation; ii. that the recovery of money cannot be a subject matter of present investigation, as the abovesaid money is not a piece of evidence, which is supposed to be collected by the Investigating Agency; iii. as laid down by the Hon’ble Supreme Court of India in the case of ‘Vinay Kumar Gupta v. State of Madhya Pradesh’ [Criminal Appeal No.939 of 2026, decided on 16.02.2026], the petitioner cannot be forced to assist the prosecuting agency in effecting recovery of incriminating material, which may harm their interests or may amount to defeating his right of defence; GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 4 iv. that as per law laid down by the Hon’ble Supreme Court of India in the case of ‘Sanjay Sharma v. State of Haryana’ [Criminal Appeal No.767 of 2026, decided on 09.02.2026], collection of evidence is the responsibility of the Investigating Officer, and that an accused cannot be compelled to self-incriminate himself; iv. that the offence is triable by the Court of Judicial Magistrate; v. that the maximum punishment prescribed for the commission of abovementioned offence is imprisonment up to seven years; vi. that the dispute between the parties prima facie seems to be a dispute of civil nature, i.e. with regard to failure of contractual obligation. For the redressal of such disputes, the appropriate remedy lies before the Civil Court by filing a suit for specific performance; vii. that the evidence to be collected in the present case is documentary in nature; viii. that GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 5 and the fact that the petitioners have already joined the investigation, it is hereby ordered that the petitioners are entitled to anticipatory bail. Hence, the present petition is hereby allowed and the order dated 04.06.2026, whereby the petitioners were accorded the benefit of interim anticipatory bail, is hereby made absolute. GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document