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2025 DAILYLAW 102753 (PNJ)

VARINDER SINGH v. STATE OF PUNJAB

CRM-M/53482/2025 · 2025-09-22

Sumeet Goel

body2025

Judgment text

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CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 115 Varinder Singh State of Punjab CORAM: Present: SUMEET GOEL 1. seeking grant of anticipatory/pre 2023 in FIR No.137 dated 03.06.2025 registered for offences punishable under Sections 406 and 420 of the IPC at Police Station City Rupnagar, District Rupnagar. 2. namely, Jaspreet Singh, son of Daljit Singh, resident of village Allewal, District Roopnagar, accused Varinder Singh ( assured the complainant 15 Lakhs. documents in made several payments to Pay, NEFT/RTGS further alleged that the friend of the complainant namely was present at the initial transaction. -53482-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Varinder Singh V/s State of Punjab CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Sanjeev Kumar Bawa, Advocate for the petitioner. Mr. Amit K. Goyal, Additional Advocate General, Punjab. ***** SUMEET GOEL, J. (Oral) Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 482 of BNSS, 2023 in FIR No.137 dated 03.06.2025 registered for offences punishable under Sections 406 and 420 of the IPC at Police Station City Rupnagar, District Rupnagar. The gravamen of the FIR pertains to defrauding a person Jaspreet Singh, son of Daljit Singh, resident of village Allewal, District Roopnagar, who alleged that in July 2023, Varinder Singh (petitioner herein the complainant that he can settle him 15 Lakhs. Accordingly, the complainant documents in the month of October, 2023 at Shagun Dhaba, Roopnagar and made several payments to the aforesaid accused y, NEFT/RTGS as well as cash, totaling about Rs.18 further alleged that the friend of the complainant namely was present at the initial transaction. The complainant alleged that i 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-53482-2025 Date of decision: 22.09.202 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. Sanjeev Kumar Bawa, Advocate for the petitioner. Mr. Amit K. Goyal, Additional Advocate General, Punjab. Present petition has been filed on behalf of the petitioner bail under Sections 482 of BNSS, 2023 in FIR No.137 dated 03.06.2025 registered for offences punishable under Sections 406 and 420 of the IPC at Police Station City Rupnagar, The gravamen of the FIR pertains to defrauding a person Jaspreet Singh, son of Daljit Singh, resident of village Allewal, July 2023, he came in contact with petitioner herein), resident of Roopnagar, who can settle him in Australia for a sum of Rs. Accordingly, the complainant handed over his passport and 2023 at Shagun Dhaba, Roopnagar and the aforesaid accused through cheque, Google totaling about Rs.18.00 lacs. It was further alleged that the friend of the complainant namely Satvinder Singh The complainant alleged that instead .2025 Present petition has been filed on behalf of the petitioner bail under Sections 482 of BNSS, 2023 in FIR No.137 dated 03.06.2025 registered for offences punishable under Sections 406 and 420 of the IPC at Police Station City Rupnagar, The gravamen of the FIR pertains to defrauding a person Jaspreet Singh, son of Daljit Singh, resident of village Allewal, came in contact with ), resident of Roopnagar, who Rs. passport and 2023 at Shagun Dhaba, Roopnagar and through cheque, Google It was Satvinder Singh nstead AJAY KUMAR 2025.09.22 17:49 I attest to the accuracy and integrity of this document CRM-M- of sending had sent him him to Australia, which never happened. that he stayed in Dubai for about account of the fact that he was left with no money. assurances, the complainant demanded repayment, he month of obtained still in the possession of the complainant that despite repeated payments and assurances, the not arrange for his travel to Australia and instead sent him to Dubai in May 2024. The petitioner allegedly continued to assure the complainant that he would be sent to Australia an demanded. herein) ha pretext of complaint, instant FIR has been registered against the petitioner and investigation ensued. 3. petitioner is innocent and has been falsely implicated in the present Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. Furthermore, the petitioner has no connection whatsoever with the alleged offence -53482-2025 of sending him to Australia, the accused him to Dubai on 15.05.2024 with the promise of further sending Australia, which never happened. stayed in Dubai for about 03 months account of the fact that he was left with no money. assurances, the accused neither made any arrangement for the the complainant to Australia nor refunded demanded repayment, he was threatened month of March 2025, on the pretext of filing an application, the signatures of the complainant in the possession of the complainant that despite repeated payments and assurances, the not arrange for his travel to Australia and instead sent him to Dubai in May 2024. The petitioner allegedly continued to assure the complainant that he would be sent to Australia and later threatened him when repayment was demanded. In this way, the accused namely had cheated the complainant for a sum of pretext of false promise of sending him abroad. complaint, instant FIR has been registered against the petitioner and investigation ensued. Learned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated in the present Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. Furthermore, the petitioner has no connection whatsoever with the alleged offence. It has been further iterated that the 2 sed Varinder Singh (petitioner herein) with the promise of further sending Australia, which never happened. The complainant further alleged months and had to return to India on account of the fact that he was left with no money. Despite repeated made any arrangement for the migration to Australia nor refunded his money. When the complainant threatened by the accused. However, in the March 2025, on the pretext of filing an application, the accused of the complainant on the blank papers which in the possession of the complainant as proof. The complainant asserts that despite repeated payments and assurances, the accused-petitioner did not arrange for his travel to Australia and instead sent him to Dubai in May 2024. The petitioner allegedly continued to assure the complainant that he d later threatened him when repayment was In this way, the accused namely Varinder Singh (petitioner the complainant for a sum of Rs.18.00 lacs under the abroad. On the basis of the aforesaid complaint, instant FIR has been registered against the petitioner and Learned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated in the present case. Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. Furthermore, the petitioner has no connection whatsoever with the . It has been further iterated that the actual transaction (petitioner herein) with the promise of further sending The complainant further alleged had to return to India on Despite repeated migration of the complainant However, in the the accused are he complainant asserts petitioner did not arrange for his travel to Australia and instead sent him to Dubai in May 2024. The petitioner allegedly continued to assure the complainant that he d later threatened him when repayment was (petitioner under the On the basis of the aforesaid complaint, instant FIR has been registered against the petitioner and Learned counsel for the petitioner has iterated that the case. Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. Furthermore, the petitioner has no connection whatsoever with the actual transaction(s) AJAY KUMAR 2025.09.22 17:49 I attest to the accuracy and integrity of this document CRM-M- involved other the immigration consultancy in the name of and the petitioner was only a facilitator in a deal total. Furthermore, t during his stay in which has been reflected in the account statement Furthermore, there is delay in lodging the only after further submitted that the petitioner has been unnecessarily dragged into the instant case as nothing has to be lies between the complainant and the actual immigration consultancy. According to learned counsel, the petitioner is neither a travel agent nor engaged in any business of facilitating overseas employment and henc allegations levelled against him are entirely false, vague and baseless. It has been further argued that there is no need for custodial interrogation of the petitioner as nothing incriminating remains to be recovered from him. Moreover, there is no process of justice or tampering with the prosecution evidence in case he is enlarged on pre anticipatory bail is entreated for. 4. notice) has arguing that the offence committed by the petitioner is serious in nature. According to learned State counsel, the FIR and record re participation of the petitioner in inducing the complainant to part with huge amount i.e. Rs. -53482-2025 involved other persons namely Sanjeev Kumar and Rohit Salwan, who ran the immigration consultancy in the name of petitioner was only a facilitator in a deal Furthermore, the complainant has used the ATM card during his stay in Dubai for his personal expenses totaling which has been reflected in the account statement ore, there is delay in lodging the after the dishonor of cheques issued by the real culprits. further submitted that the petitioner has been unnecessarily dragged into the instant case as nothing has to be recovered from him and the dispute, if any, lies between the complainant and the actual immigration consultancy. According to learned counsel, the petitioner is neither a travel agent nor engaged in any business of facilitating overseas employment and henc allegations levelled against him are entirely false, vague and baseless. It has been further argued that there is no need for custodial interrogation of the petitioner as nothing incriminating remains to be recovered from him. Moreover, there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he is enlarged on pre-arrest bail. On strength of these submissions, the grant of anticipatory bail is entreated for. Per contra, learned State counsel (on the strength of advance has opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. According to learned State counsel, the FIR and record re participation of the petitioner in inducing the complainant to part with huge amount i.e. Rs.18.00 lacs on the promise of securing permanent residency in 3 namely Sanjeev Kumar and Rohit Salwan, who ran the immigration consultancy in the name of Kalyana Immigration Services petitioner was only a facilitator in a deal involving Rs.44 lacs used the ATM card of the petitioner personal expenses totaling to Rs.8,80,000 which has been reflected in the account statement of the petitioner ore, there is delay in lodging the FIR and the same has been lodged dishonor of cheques issued by the real culprits. It has been further submitted that the petitioner has been unnecessarily dragged into the recovered from him and the dispute, if any, lies between the complainant and the actual immigration consultancy. According to learned counsel, the petitioner is neither a travel agent nor engaged in any business of facilitating overseas employment and hence the allegations levelled against him are entirely false, vague and baseless. It has been further argued that there is no need for custodial interrogation of the petitioner as nothing incriminating remains to be recovered from him. 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 , learned State counsel (on the strength of advance opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. According to learned State counsel, the FIR and record reveal the active participation of the petitioner in inducing the complainant to part with huge .00 lacs on the promise of securing permanent residency in namely Sanjeev Kumar and Rohit Salwan, who ran Kalyana Immigration Services lacs in of the petitioner Rs.8,80,000/- of the petitioner. lodged It has been further submitted that the petitioner has been unnecessarily dragged into the recovered from him and the dispute, if any, lies between the complainant and the actual immigration consultancy. According to learned counsel, the petitioner is neither a travel agent nor e the allegations levelled against him are entirely false, vague and baseless. It has been further argued that there is no need for custodial interrogation of the petitioner as nothing incriminating remains to be recovered from him. 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 , learned State counsel (on the strength of advance opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. veal the active participation of the petitioner in inducing the complainant to part with huge .00 lacs on the promise of securing permanent residency in AJAY KUMAR 2025.09.22 17:49 I attest to the accuracy and integrity of this document CRM-M- Australia. It was further contended that the magnitude of the offence reflects not on the vulnerability and aspirations of the complainant. According to learned State counsel, the offence committed by the petitioner caused substantial financial and emotional distress to the Considering the seriousness of the allegations, the custodial interrogation of the petitioner may be necessary to unearth the broader conspiracy and recover the ill precedent in cases involving immigration fraud. Furthermore, in case the petitioner is granted the concession of pre impede the ongoing investigation and obstruct the recovery lead to tampering with evidence prayer has been made for the facilitate effective investigation into the alleged offence. 5. gone through the available record of the case. 6. serious allegations have been levelled against the petitioner. The allegations in the FIR cannot be brushed aside as vague or baseless. The complain was induced to part with a substantial amount assurance of the petitioner given particulars of payments by cheque, online transfers and cash. allegations in the FIR pertain to of Rs.18.00 lacs which was obtained under the pretext of providing immigration services to the complainant. Furthermore, the complainant has specifically alleged that the petitioner played an active role in the -53482-2025 . It was further contended that the magnitude of the offence reflects not only a blatant abuse of trust but also a calculated exploitation of the vulnerability and aspirations of the complainant. According to learned State counsel, the offence committed by the petitioner caused substantial financial and emotional distress to the Considering the seriousness of the allegations, the custodial interrogation of the petitioner may be necessary to unearth the broader conspiracy and recover the ill-gotten money. Granting bail at this stage may set a wrong cedent in cases involving immigration fraud. Furthermore, in case the petitioner is granted the concession of pre impede the ongoing investigation and obstruct the recovery lead to tampering with evidence or influencing of witnesses. prayer has been made for the dismissal facilitate effective investigation into the alleged offence. I have heard the learned counsel for the rough the available record of the case. As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations in the FIR cannot be brushed aside as vague or baseless. The complain was induced to part with a substantial amount assurance of the petitioner to send him abroad given particulars of payments by cheque, online transfers and cash. allegations in the FIR pertain to cheating and criminal breach of trust of sum .00 lacs which was obtained under the pretext of providing immigration services to the complainant. Furthermore, the complainant has specifically alleged that the petitioner played an active role in the 4 . It was further contended that the magnitude of the offence ly a blatant abuse of trust but also a calculated exploitation of the vulnerability and aspirations of the complainant. According to learned State counsel, the offence committed by the petitioner caused substantial financial and emotional distress to the complainant and his family. Considering the seriousness of the allegations, the custodial interrogation of the petitioner may be necessary to unearth the broader conspiracy and gotten money. Granting bail at this stage may set a wrong cedent in cases involving immigration fraud. Furthermore, in case the petitioner is granted the concession of pre-arrest bail, at this stage, it may impede the ongoing investigation and obstruct the recovery and potentially or influencing of witnesses. Accordingly, a dismissal of the instant petition in order to facilitate effective investigation into the alleged offence. I have heard the learned counsel for the rival parties and have rough the available record of the case. As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations in the FIR cannot be brushed aside as vague or baseless. The complain was induced to part with a substantial amount i.e. Rs.18.00 lacs on the to send him abroad. The complainant has also given particulars of payments by cheque, online transfers and cash. The cheating and criminal breach of trust of sum .00 lacs which was obtained under the pretext of providing immigration services to the complainant. Furthermore, the complainant has specifically alleged that the petitioner played an active role in the . It was further contended that the magnitude of the offence ly a blatant abuse of trust but also a calculated exploitation of the vulnerability and aspirations of the complainant. According to learned State counsel, the offence committed by the petitioner caused substantial complainant and his family. Considering the seriousness of the allegations, the custodial interrogation of the petitioner may be necessary to unearth the broader conspiracy and gotten money. Granting bail at this stage may set a wrong cedent in cases involving immigration fraud. Furthermore, in case the arrest bail, at this stage, it may and potentially Accordingly, a order to and have As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations ant on the The complainant has also The cheating and criminal breach of trust of sum .00 lacs which was obtained under the pretext of providing immigration services to the complainant. Furthermore, the complainant has specifically alleged that the petitioner played an active role in the AJAY KUMAR 2025.09.22 17:49 I attest to the accuracy and integrity of this document CRM-M- transactions, gave repeated assurances and promised refund of the money in case of non 7. Kumar and Rohit Salwan and that the complainant has used t of the petitioner while in Dubai, considering his involvement at different/crucial stages. appears to be contract. but strikes at the very fabric of social trust, involving immigration fraud, which are not only grave in nature but also have far on public. The allegations, if found to be true, ref mislead and defraud the complainant thereby not only causing wrongful loss to him but also eroding the public trust in immigration process. Such offences necessitate a strong and principled judicial response to prevent their recurrence. 8. petitioner are grave and serious in nature who defrauded the complainant of a substantial amount under the false pretext of facilitating the legal migration. These fraudulent activ emotional distress but also undermine the integrity of lawful immigration systems. Therefore, individuals involved in such organized deceit must be dealt with firmly and in accordance with the law, leaving no room leniency. 9. interrogation of the petitioner for effective recovery, verification of facts, and to establish the broader conspiracy, if any, behind the occurrence. No -53482-2025 transactions, gave repeated assurances and promised refund of the money in case of non-fulfillment of the contract as alleged. The plea of the petitioner that Kumar and Rohit Salwan and that the complainant has used t of the petitioner while in Dubai, cannot be accepted, at this stage, considering his involvement at different/crucial stages. appears to be mens rea and dishonest intention since the inception of the contract. The offence in question does not merely involve financial deceit but strikes at the very fabric of social trust, involving immigration fraud, which are not only grave in nature but also have far on public. The allegations, if found to be true, ref mislead and defraud the complainant thereby not only causing wrongful loss but also eroding the public trust in immigration process. Such offences necessitate a strong and principled judicial response to prevent currence. A perusal of the FIR reveals that the allegations against the petitioner are grave and serious in nature who defrauded the complainant of a substantial amount under the false pretext of facilitating the legal migration. These fraudulent activities not only cause severe financial and emotional distress but also undermine the integrity of lawful immigration systems. Therefore, individuals involved in such organized deceit must be dealt with firmly and in accordance with the law, leaving no room Furthermore, the investigating agency has sought the custodial interrogation of the petitioner for effective recovery, verification of facts, and to establish the broader conspiracy, if any, behind the occurrence. No 5 transactions, gave repeated assurances and promised refund of the money in fulfillment of the contract as alleged. The plea of the petitioner that the actual culprits are Sanjeev Kumar and Rohit Salwan and that the complainant has used the ATM card cannot be accepted, at this stage, considering his involvement at different/crucial stages. Prima facie, there and dishonest intention since the inception of the question does not merely involve financial deceit but strikes at the very fabric of social trust, involving immigration fraud, which are not only grave in nature but also have far-reaching consequences on public. The allegations, if found to be true, reflect a deliberate attempt to mislead and defraud the complainant thereby not only causing wrongful loss but also eroding the public trust in immigration process. Such offences necessitate a strong and principled judicial response to prevent A perusal of the FIR reveals that the allegations against the petitioner are grave and serious in nature who defrauded the complainant of a substantial amount under the false pretext of facilitating the legal ities not only cause severe financial and emotional distress but also undermine the integrity of lawful immigration systems. Therefore, individuals involved in such organized deceit must be dealt with firmly and in accordance with the law, leaving no room Furthermore, the investigating agency has sought the custodial interrogation of the petitioner for effective recovery, verification of facts, and to establish the broader conspiracy, if any, behind the occurrence. No transactions, gave repeated assurances and promised refund of the money in the actual culprits are Sanjeev he ATM card cannot be accepted, at this stage, there and dishonest intention since the inception of the question does not merely involve financial deceit but strikes at the very fabric of social trust, involving immigration fraud, reaching consequences lect a deliberate attempt to mislead and defraud the complainant thereby not only causing wrongful loss but also eroding the public trust in immigration process. Such offences necessitate a strong and principled judicial response to prevent A perusal of the FIR reveals that the allegations against the petitioner are grave and serious in nature who defrauded the complainant of a substantial amount under the false pretext of facilitating the legal ities not only cause severe financial and emotional distress but also undermine the integrity of lawful immigration systems. Therefore, individuals involved in such organized deceit must be dealt with firmly and in accordance with the law, leaving no room for Furthermore, the investigating agency has sought the custodial interrogation of the petitioner for effective recovery, verification of facts, and to establish the broader conspiracy, if any, behind the occurrence. No AJAY KUMAR 2025.09.22 17:49 I attest to the accuracy and integrity of this document CRM-M- cause nay be deciphered that the petitioner has been falsely implicated into the present FIR. It goes without saying that in the instant case, the complainant has categorically stated that the petitioner had defr substantial amount which caused severe financial and emotional distress. in lodging the FIR does not, by itself, dilute the gravity of the allegatio when viewed in the backdrop of the repeated assurances and transactions over a period time. 10. grant 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 free investigation as also the deeper and wide impact of such alleged iniquities o material on record to hold that prima facie case is not made out against the petitioner. The material which has come on record and preliminary investigation, appear to be established 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 1039, the Hon'ble Supreme Court held as under -53482-2025 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 case, the complainant has categorically stated that the petitioner had defr substantial amount under the false pretext of facilitating the legal migration which caused severe financial and emotional distress. in lodging the FIR does not, by itself, dilute the gravity of the allegatio when viewed in the backdrop of the repeated assurances and transactions over a period time. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding l 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 case is not made out against the petitioner. The material which has come on record and preliminary investigation, appear to be established a reasonable basis for the sations. 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 187 : 1997 SCC (Cri) , the Hon'ble Supreme Court held as under “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 such 6 ause 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 case, the complainant has categorically stated that the petitioner had defrauded the complainant of a pretext of facilitating the legal migration which caused severe financial and emotional distress. Moreover, the delay in lodging the FIR does not, by itself, dilute the gravity of the allegatio when viewed in the backdrop of the repeated assurances and transactions It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding l 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 n the society. At this stage, there is no material on record to hold that prima facie case is not made out against the petitioner. The material which has come on record and preliminary investigation, appear to be established a reasonable basis for the sations. 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 ensconced with a favourable order under Section 438 of the Code. In ke 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 ause 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 case, the complainant has auded the complainant of a pretext of facilitating the legal migration Moreover, the delay in lodging the FIR does not, by itself, dilute the gravity of the allegations when viewed in the backdrop of the repeated assurances and transactions It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding l 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 n the society. At this stage, there is no material on record to hold that prima facie case is not made out against the petitioner. The material which has come on record and preliminary investigation, appear to be established a reasonable basis for the sations. 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) “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In ke 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 AJAY KUMAR 2025.09.22 17:49 I attest to the accuracy and integrity of this document CRM-M- 11. money involve, necessity o Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual Moreover, an effective investigation & to unravel the truth. devoid of merits and is hereby dismissed. 12. of opinion upon merits of the case/investigation. 13. September 22 Ajay -53482-2025 interrogation would elude if the suspected person knows that he i 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 responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.” In view of the gravity of the allegations, money involve, the specific role attributed to the petitioner necessity of custodial interrogation for a fair and thorough investigation, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual Moreover, the custodial interrogation of the an effective investigation & to unravel the truth. devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression inion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. September 22, 2025 Whether speaking/reasoned: Whether reportable: 7 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 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 a responsible manner and at those entrusted with the task of disinterring offences would not ” In view of the gravity of the allegations, the large quantum of attributed to the petitioner as also f custodial interrogation for a fair and 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. custodial interrogation of the petitioner may be necessary for an effective investigation & to unravel the truth. Accordingly, the petition is Nothing said hereinabove shall be deemed to be an expression inion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No s well 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 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 a responsible manner and at those entrusted with the task of disinterring offences would not the large quantum of the f custodial interrogation for a fair and thorough investigation, this Court is of the considered opinion that the petitioner does not deserve the of the case in hand. necessary for he petition is Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2025.09.22 17:49 I attest to the accuracy and integrity of this document