CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 107 Ashwani Sharma State of Haryana and others Date of decision: Date of Uploading : CORAM: Present: SUMEET GOEL 1. seeking grant of anticipatory/pre 2023 in FIR No.325 dated 29.08.2024 registered for offences punishable under Sections 420 of IPC at Police Station Rajendra Park, Gur 2. land measuring 990 square yards situated in Village Daultabad, Gurugram through a registered sale deed dated 27.02.2019 f approximately It has been alleged that the petitioner namely Ashwani Sharma, along with his sons, represented to the complainants that the property was free from all encumbrances, disputes and litigation. Acting upon such representations, the complainants purchased the property and the mutation was subsequently sanctioned in their favour. Later, the complainants came to know about a -31734-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ashwani Sharma V/s State of Haryana and others Date of decision: 20.07.2026 Date of Uploading : 20.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Lohit Kumar Bimal, Advocate Mr. Raghav Bimal and Suhit Jain, Advocates Ms. Mahima Yashpal Singla, Senior DAG Haryana. Mr. Saurabh Bajaj, Advocate for respon ***** 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.325 dated 29.08.2024 registered for offences punishable under Sections 420 of IPC at Police Station Rajendra Park, Gur As per the prosecution case, the complainants had purchased land measuring 990 square yards situated in Village Daultabad, Gurugram through a registered sale deed dated 27.02.2019 f approximately ₹1.96 crores along with stamp duty and registration charges. It has been alleged that the petitioner namely Ashwani Sharma, along with his sons, represented to the complainants that the property was free from all ances, disputes and litigation. Acting upon such representations, the complainants purchased the property and the mutation was subsequently sanctioned in their favour. Later, the complainants came to know about a 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31734-2026 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SUMEET GOEL Mr. Lohit Kumar Bimal, Advocate with Mr. Raghav Bimal and Suhit Jain, Advocates for the petitioner. Ms. Mahima Yashpal Singla, Senior DAG Haryana. Mr. Saurabh Bajaj, Advocate for respondent Nos.2 to 4. Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, 2023 in FIR No.325 dated 29.08.2024 registered for offences punishable under Sections 420 of IPC at Police Station Rajendra Park, Gurugram. As per the prosecution case, the complainants had purchased land measuring 990 square yards situated in Village Daultabad, Gurugram through a registered sale deed dated 27.02.2019 for a consideration of rores along with stamp duty and registration charges. It has been alleged that the petitioner namely Ashwani Sharma, along with his sons, represented to the complainants that the property was free from all ances, disputes and litigation. Acting upon such representations, the complainants purchased the property and the mutation was subsequently sanctioned in their favour. Later, the complainants came to know about a for the petitioner. Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, 2023 in FIR No.325 dated 29.08.2024 registered for offences punishable As per the prosecution case, the complainants had purchased land measuring 990 square yards situated in Village Daultabad, Gurugram or a consideration of rores along with stamp duty and registration charges. It has been alleged that the petitioner namely Ashwani Sharma, along with his sons, represented to the complainants that the property was free from all ances, disputes and litigation. Acting upon such representations, the complainants purchased the property and the mutation was subsequently sanctioned in their favour. Later, the complainants came to know about a AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- judgment and decree dated 17.10.2022 passed Mutation Nos.19141 and 19266, on the basis of which the petitioner had claimed the these allegations, it dishonestly induced the complainants to purchase the property by concealing themselves. registered and investigation ensued. 3. petitioner is purely civil in nature which has been given a criminal colour. Learned counsel has further iterated question 27.02.2019 and hence there was no misrepresentation on the part of the petitioner. It has been further contended that the themselves in question to them. According to learned counsel, the an ex parte suit instituted by said decree therefore, no dishonest intention can be attributed to the petitioner Furthermore, instituted civil that the dispute is civil in nature. -31734-2026 judgment and decree dated 17.10.2022 passed Mutation Nos.19141 and 19266, on the basis of which the petitioner had the ownership, were declared illegal, null and void. On the basis of these allegations, it was alleged that the petitioner and his sons had ly induced the complainants to purchase the property by concealing the material facts and thereby caused wrongful gain to themselves. On these set of allegations, the FIR in question came to be registered and investigation ensued. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question is purely civil in nature which has been given a criminal colour. Learned counsel has further iterated that the petitioner question at the time of execution of 27.02.2019 and hence there was no misrepresentation on the part of the petitioner. It has been further contended that the themselves verified the revenue record before in question and the physical possession of the land According to learned counsel, the ex parte judgment and decree dated 17.10.2022 suit instituted by a third party(s). Learned counsel has emphasized that the said decree has been passed after the execution of the sale deed and, therefore, no dishonest intention can be attributed to the petitioner Furthermore, the complainants have already availed instituted civil suit regarding the same property which clearly demonstrates that the dispute is civil in nature. Moreover, 2 judgment and decree dated 17.10.2022 passed by the Civil Court whereby Mutation Nos.19141 and 19266, on the basis of which the petitioner had ownership, were declared illegal, null and void. On the basis of alleged that the petitioner and his sons had ly induced the complainants to purchase the property by material facts and thereby caused wrongful gain to On these set of allegations, the FIR in question came to be the petitioner has iterated that the to the FIR in question as the dispute is purely civil in nature which has been given a criminal colour. Learned that the petitioner was the owner of the land in at the time of execution of the registered sale-deed dated 27.02.2019 and hence there was no misrepresentation on the part of the petitioner. It has been further contended that the complainants ha rd before the purchase of the property physical possession of the land has also been delivered According to learned counsel, the dispute arose subsequently when judgment and decree dated 17.10.2022 has been passed in a civil Learned counsel has emphasized that the passed after the execution of the sale deed and, therefore, no dishonest intention can be attributed to the petitioner the complainants have already availed the civil remedies and regarding the same property which clearly demonstrates Moreover, the essential ingredients of the by the Civil Court whereby Mutation Nos.19141 and 19266, on the basis of which the petitioner had ownership, were declared illegal, null and void. On the basis of alleged that the petitioner and his sons had ly induced the complainants to purchase the property by material facts and thereby caused wrongful gain to On these set of allegations, the FIR in question came to be the petitioner has iterated that the dispute is purely civil in nature which has been given a criminal colour. Learned the land in deed dated 27.02.2019 and hence there was no misrepresentation on the part of the complainants have the property delivered dispute arose subsequently when n a civil Learned counsel has emphasized that the passed after the execution of the sale deed and, therefore, no dishonest intention can be attributed to the petitioner. civil remedies and regarding the same property which clearly demonstrates the essential ingredients of the AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- offence of cheating are completely abs inducement nor any fraudulent intention on the part of the petitioner from the inception of the transaction. petitioner is a senior citizen suffering from serious medical ailments, including kidney further contended that the which are already available with the investigating agency recovery is that the petitioner is ready and willing to join required and process of justice or tampering with the prosecution evidence in case he enlarged on pre anticipatory bail is entreated for. 4. an affidavit of Vishal, HPS, Assistant Commissioner of Police, EOW II, Gurugram bail to the petitioner by arguing that the petitioner are grave, serious and supported by specific material collected during the course of under: -31734-2026 offence of cheating are completely abs inducement nor any fraudulent intention on the part of the petitioner from the inception of the transaction. It has been further contended that the petitioner is a senior citizen suffering from serious medical ailments, ing kidney-related complications and loss of vision. further contended that the entire case is based which are already available with the investigating agency recovery is to be effected from the petitioner. petitioner is ready and willing to join and there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he enlarged on pre-arrest bail. On strength of these submissions, the grant of anticipatory bail is entreated for. Referring to reply dated 02.06.2026 an affidavit of Vishal, HPS, Assistant Commissioner of Police, EOW I, Gurugram learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the petitioner are grave, serious and supported by specific material collected the course of investigation. The relevant part of the reply reads as “13. That the role of the petitioner Ashwani Sharma in the present case is that he had sold 990 square yards of land Khasra No. 4348/67/12/2 and Khasra No. 4351/68/2/1, situated within the revenue estate of the Industrial Area, Village Daulatabad, to the complainants/ respondents no. 2 to 4, vide Sale Deed Vasika No. 17418 dated 27/02/2019. The mutation for this transaction was sanctioned on 16/05/2019. The aforementioned sale deed the accused, Ashwani Sharma 3 offence of cheating are completely absent as there was neither any inducement nor any fraudulent intention on the part of the petitioner from It has been further contended that the petitioner is a senior citizen suffering from serious medical ailments, related complications and loss of vision. It has been entire case is based on documentary evidence which are already available with the investigating agency and hence from the petitioner. It has been further contended petitioner is ready and willing to join the investigation as and when there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he arrest bail. On strength of these submissions, the grant of 02.06.2026 by way of an affidavit of an affidavit of Vishal, HPS, Assistant Commissioner of Police, EOW-I and earned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations levelled against the petitioner are grave, serious and supported by specific material collected The relevant part of the reply reads as That the role of the petitioner Ashwani Sharma in the present case is that he had sold 990 square yards of land-comprising Khasra No. 4348/67/12/2 and Khasra No. 4351/68/2/1, situated within nue estate of the Industrial Area, Village Daulatabad, to the complainants/ respondents no. 2 to 4, vide Sale Deed Vasika No. 17418 dated 27/02/2019. The mutation for this transaction was sanctioned on 16/05/2019. The aforementioned sale deed-executed by he accused, Ashwani Sharma-explicitly stated that the plot/land in ent as there was neither any inducement nor any fraudulent intention on the part of the petitioner from It has been further contended that the petitioner is a senior citizen suffering from serious medical ailments, It has been documentary evidence no It has been further contended investigation as and when there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he is arrest bail. On strength of these submissions, the grant of by way of an affidavit of I and earned State counsel has opposed the grant of anticipatory allegations levelled against the petitioner are grave, serious and supported by specific material collected The relevant part of the reply reads as That the role of the petitioner Ashwani Sharma in the comprising Khasra No. 4348/67/12/2 and Khasra No. 4351/68/2/1, situated within nue estate of the Industrial Area, Village Daulatabad, to the complainants/ respondents no. 2 to 4, vide Sale Deed Vasika No. 17418 dated 27/02/2019. The mutation for this transaction was executed by explicitly stated that the plot/land in AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- learned State counsel has further iterated that the concealed the complainants to purchase the land by representing that it was free from any litigation custodial inter investigation, particularly for recovery of the cheated amount and verification of forged agreements and other relevant documents. Considering the seriousness of the allegations and the stage of investi the dismissal of the instant petition is prayed for. 4.1. (complainant Learned counsel has iterated that the allegations cannot be civil in nature at this stage, as the material on record -31734-2026 question is free from all encumbrances and litigation. However, it was later came forth that the mutation no. 19141 and 19266 pertaining to the land in question have been canceled by the Co Judge (Junior Division), Gurugram vide judgment and decree dated 17.10.2022 in Civil Suit No. 135 of 2010. This shows that the land in question was under litigation at the time of execution of sale deed. However, the petitioner deliberatel complainant and induced him to execute the sale deed vasika no. 17418 dated 27/02/2019. The petitioner is by name accused in the present FIR. 14. That the custodial interrogation of the petitioner is required for obtaining information about the Will which was used for sanctioning the mutation no. 19141 dated 22.07.1996, for recovering the said Will, for recovering the money of the complainant, for obtaining information about the modus information about the other persons involved in the present crime and for obtaining other relevant information regarding the present case. Raising submissions in tandem with the aforesaid reply, learned State counsel has further iterated that the concealed the material facts regarding the title of the property and induced the complainants to purchase the land by representing that it was free from litigation/encumbrances. Learned State counsel custodial interrogation of the petitioner is necessary for effective investigation, particularly for recovery of the cheated amount and verification of forged agreements and other relevant documents. Considering the seriousness of the allegations and the stage of investi the dismissal of the instant petition is prayed for. Learned counsel appearing for the complainants) has raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations cannot be civil in nature at this stage, as the material on record 4 question is free from all encumbrances and litigation. However, it was later came forth that the mutation no. 19141 and 19266 pertaining to the land in question have been canceled by the Court of Ld. Civil Judge (Junior Division), Gurugram vide judgment and decree dated 17.10.2022 in Civil Suit No. 135 of 2010. This shows that the land in question was under litigation at the time of execution of sale deed. However, the petitioner deliberately concealed the said fact from the complainant and induced him to execute the sale deed vasika no. 17418 dated 27/02/2019. The petitioner is by name accused in the That the custodial interrogation of the petitioner is ning information about the Will which was used for the mutation no. 19141 dated 22.07.1996, for recovering the said Will, for recovering the money of the complainant, for obtaining information about the modus-operandi, for obtaining about the other persons involved in the present crime and for obtaining other relevant information regarding the present case. Raising submissions in tandem with the aforesaid reply, learned State counsel has further iterated that the petitioner has deliberately material facts regarding the title of the property and induced the complainants to purchase the land by representing that it was free from Learned State counsel has emphasized that the rogation of the petitioner is necessary for effective investigation, particularly for recovery of the cheated amount and verification of forged agreements and other relevant documents. Considering the seriousness of the allegations and the stage of investigation, the dismissal of the instant petition is prayed for. Learned counsel appearing for the respondent Nos.2 to 4 has raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations cannot be termed as merely civil in nature at this stage, as the material on record prima facie discloses question is free from all encumbrances and litigation. However, it was later came forth that the mutation no. 19141 and 19266 pertaining to urt of Ld. Civil Judge (Junior Division), Gurugram vide judgment and decree dated 17.10.2022 in Civil Suit No. 135 of 2010. This shows that the land in question was under litigation at the time of execution of sale deed. y concealed the said fact from the complainant and induced him to execute the sale deed vasika no. 17418 dated 27/02/2019. The petitioner is by name accused in the That the custodial interrogation of the petitioner is ning information about the Will which was used for the mutation no. 19141 dated 22.07.1996, for recovering the said Will, for recovering the money of the complainant, for operandi, for obtaining about the other persons involved in the present crime and for obtaining other relevant information regarding the present case.” Raising submissions in tandem with the aforesaid reply, deliberately material facts regarding the title of the property and induced the complainants to purchase the land by representing that it was free from has emphasized that the rogation of the petitioner is necessary for effective investigation, particularly for recovery of the cheated amount and verification of forged agreements and other relevant documents. gation, respondent Nos.2 to 4 has raised submissions in tandem with the State counsel. termed as merely discloses AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- dishonest intention and inducement from the very inception of the transaction. indicates the existe investigation. Accordingly, a prayer has been made for the dismissal of the petition in hand. 5. gone through the available record of the ca 6. allegations have been levelled against the petitioner. The allegations levelled in the FIR, at this stage, executed the sale deed in favour the property was free from litigation/encumbrances. The sale deed is alleged to have been executed on the basis of mutations which were subsequently declared illegal and void by a competent Civil Court. The comp have alleged that they have parted with a substantial amount on the basis of representations made by the petitioner and his sons. At this stage, the material collected during the course of investigation active participation o transaction and the allegations against him cannot be brushed aside as vague or general in nature. indicates the seriousness and gravity of the opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far on public trust. purely civil in nature does not persuade this Court at this stage -31734-2026 dishonest intention and inducement from the very inception of the transaction. According to learned counsel, the nature of offence clearly indicates the existence of a larger conspiracy which is still under investigation. Accordingly, a prayer has been made for the dismissal of the petition in hand. I have heard the learned counsel for the gone through the available record of the ca As per the material available on record allegations have been levelled against the petitioner. The allegations levelled in the FIR, at this stage, prima facie executed the sale deed in favour of the complainants after assuring them that the property was free from litigation/encumbrances. The sale deed is alleged to have been executed on the basis of mutations which were subsequently declared illegal and void by a competent Civil Court. The comp have alleged that they have parted with a substantial amount on the basis of representations made by the petitioner and his sons. At this stage, the material collected during the course of investigation active participation of the petitioner as he is the main beneficiary of the sale transaction and the allegations against him cannot be brushed aside as vague or general in nature. The amount involved is substantial which indicates the seriousness and gravity of the opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far on public trust. The plea raised on behalf of the petitioner that the dispute purely civil in nature does not persuade this Court at this stage 5 dishonest intention and inducement from the very inception of the According to learned counsel, the nature of offence clearly nce of a larger conspiracy which is still under investigation. Accordingly, a prayer has been made for the dismissal of the I have heard the learned counsel for the rival parties and have gone through the available record of the case. material available on record, indubitably, serious allegations have been levelled against the petitioner. The allegations prima facie disclose that the petitioner has of the complainants after assuring them that the property was free from litigation/encumbrances. The sale deed is alleged to have been executed on the basis of mutations which were subsequently declared illegal and void by a competent Civil Court. The complainants have alleged that they have parted with a substantial amount on the basis of representations made by the petitioner and his sons. At this stage, the material collected during the course of investigation prima facie indicates f the petitioner as he is the main beneficiary of the sale transaction and the allegations against him cannot be brushed aside as vague The amount involved is substantial which prima facie indicates the seriousness and gravity of the offence. In the considered opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far-reaching consequences raised on behalf of the petitioner that the dispute purely civil in nature does not persuade this Court at this stage as merely dishonest intention and inducement from the very inception of the According to learned counsel, the nature of offence clearly nce of a larger conspiracy which is still under investigation. Accordingly, a prayer has been made for the dismissal of the and have , indubitably, serious allegations have been levelled against the petitioner. The allegations petitioner has of the complainants after assuring them that the property was free from litigation/encumbrances. The sale deed is alleged to have been executed on the basis of mutations which were subsequently lainants have alleged that they have parted with a substantial amount on the basis of representations made by the petitioner and his sons. At this stage, the indicates f the petitioner as he is the main beneficiary of the sale transaction and the allegations against him cannot be brushed aside as vague prima facie offence. In the considered opinion of this Court, the economic offences of such magnitude cannot be reaching consequences raised on behalf of the petitioner that the dispute is erely AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- because a transaction pertains to sale and purchase of land or involves monetary dealings would not by itself take away the criminality if the allegations the inception. The material collected during indicates that the complainant substantial amount on the basis of representations made by the petit and his sons (co were not competent to transfer. has failed deceive existed from the very beginning is a matter which requires thorough investigation and cannot be conclusively adjudicated upon grant of anticipatory bail. primarily required to examine the nature and gravity of accusations role attributed to the accused involvement custodial interrogation anticipatory bail at this stage may hamper the investigation. 7. from which it can be deciphered that the petitioner has been falsely implicated into the case, the allegations against the petitioner, as emerging from the FIR and material placed on record, are neither vague nor general in nature. stage, the material collected during investigatio active participation and a specific role attributable to the petitioner in the alleged acts of cheating and conspiracy. -31734-2026 because a transaction pertains to sale and purchase of land or involves monetary dealings would not by itself take away the criminality if the allegations prima facie disclose dishonest inducement and deception from the inception. The material collected during indicates that the complainants have been substantial amount on the basis of representations made by the petit his sons (co-accused) regarding land which, were not competent to transfer. The question(s) as to whether failed on account of a bona fide dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation and cannot be conclusively adjudicated upon grant of anticipatory bail. At the stage of anticipatory bail, the primarily required to examine the nature and gravity of accusations role attributed to the accused. The exact nature and extent of the involvement of the petitioner requires deeper investigation for which custodial interrogation of the petitioner may be anticipatory bail at this stage may hamper the 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. It goes without saying that in the instant the allegations against the petitioner, as emerging from the FIR and material placed on record, are neither vague nor general in nature. stage, the material collected during investigatio active participation and a specific role attributable to the petitioner in the alleged acts of cheating and conspiracy. 6 because a transaction pertains to sale and purchase of land or involves monetary dealings would not by itself take away the criminality if the dishonest inducement and deception from the inception. The material collected during the course of investigation have been allegedly induced to part with a substantial amount on the basis of representations made by the petitioner regarding land which, as per the prosecution, they The question(s) as to whether the transaction dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation and cannot be conclusively adjudicated upon in a petition for At the stage of anticipatory bail, the Court is primarily required to examine the nature and gravity of accusations and The exact nature and extent of the requires deeper investigation for which itioner may be essential. The grant of anticipatory bail at this stage may hamper the investigation. plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely FIR. It goes without saying that in the instant the allegations against the petitioner, as emerging from the FIR and material placed on record, are neither vague nor general in nature. At this stage, the material collected during investigation prima facie discloses active participation and a specific role attributable to the petitioner in the alleged acts of cheating and conspiracy. The investigation is at nascent because a transaction pertains to sale and purchase of land or involves monetary dealings would not by itself take away the criminality if the dishonest inducement and deception from investigation allegedly induced to part with a ioner prosecution, they the transaction dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough in a petition for Court is the The exact nature and extent of the requires deeper investigation for which The grant of plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely FIR. It goes without saying that in the instant the allegations against the petitioner, as emerging from the FIR and t this discloses active participation and a specific role attributable to the petitioner in the The investigation is at nascent AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- stage. It is befitting to mention here that while considering a plea for of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and fr impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that petitioner. The material which has come on record and pr 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 Anil Sharma, (19 Supreme Court held as under : (SCC p. 189, para 6) 8. offence and the requirement of the custodial interrogation -31734-2026 It is befitting to mention here that while considering a plea for f anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The 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 prima facie petitioner. The material which has come on record and pr 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 Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039 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. Succe 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 the custodial interrogation is fraught 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 respons police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders. In view of the gravity of the allegations, offence and the requirement of the custodial interrogation 7 It is befitting to mention here that while considering a plea for grant f anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the ee investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is no prima facie case is not 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. 97) 7 SCC 187 : 1997 SCC (Cri) 1039, 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 nsconced 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 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 nt 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 police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” In view of the gravity of the allegations, the nature of the offence and the requirement of the custodial interrogation for a fair and grant f anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the ee investigation as also the deeper and wider impact of such alleged iniquities on the society. At this stage, there is no case is not made out against the eliminary investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it State v. , the Hon'ble “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is nsconced 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 ss 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 nt that the custodial interrogation is fraught degree methods need not be countenanced, for, such an argument can be advanced by all ible police officers would conduct themselves in task of disintering offences the nature of the and AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- thorough investigation, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual milieu of the case in hand. 9. (i) (ii) of opinion upon merits of the case/investigation. (iii) July 20, 202 Ajay -31734-2026 thorough investigation, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual 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 dismissed. 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: 8 thorough investigation, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual In view of the prevenient ratiocination, it is ordained thus: petition is devoid of merits and is hereby dismissed. 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 thorough investigation, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document