CRM-M-15742 CRM-M-61243 IN THE HIGH COURT OF PUNJAB AND HARYANA 105+218 Naresh Kumar @ Happy Sohal State of Punjab Mendhi Erika Beaslay State of Punjab Coram : Present: Rajesh Bhardwaj, J. (Oral) 1. 15742-2025 & CRM and question of law are involved in both of them. However, for the sake of convenience, the facts are being extracted from CRM 2. BNSS, 2023, is for grant of anticipatory bail to the petitioner 15742-2025 61243-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Naresh Kumar @ Happy Sohal Versus Punjab Mendhi Erika Beaslay Versus State of Punjab Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Yagsimant Attri, Advocate, for the petitioner in CRM-M-15742 Mr. Lupil Gupta, Advocate, and Mr. Rahul, Advocate, for the petitioner in CRM-M-61243-2024. Mr. Tarun Aggarwal, Sr. DAG, Punjab. Mr. Mohinder Singh Joshi, Advocate, for the complainant. **** Rajesh Bhardwaj, J. (Oral) By way of this common order, two petitions bearing CRM 2025 & CRM-M-61243-2024 are being disposed of as common facts and question of law are involved in both of them. However, for the sake of e, the facts are being extracted from CRM Prayer in the present petitions, both BNSS, 2023, is for grant of anticipatory bail to the petitioner - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15742-2025 Decided on:03.04.2025 ...Petitioner ...Respondent CRM-M-61243-2024 Decided on:03.04.2025 ...Petitioner ...Respondent Hon’ble Mr. Justice Rajesh Bhardwaj 15742-2025. and for the petitioner Mr. Tarun Aggarwal, Sr. DAG, Punjab. Mr. Mohinder Singh Joshi, Advocate, By way of this common order, two petitions bearing CRM-M 2024 are being disposed of as common facts and question of law are involved in both of them. However, for the sake of e, the facts are being extracted from CRM-M-15742-2025. both filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioners in a case FIR ...Petitioner ...Respondent ...Petitioner ...Respondent M- 2024 are being disposed of as common facts and question of law are involved in both of them. However, for the sake of filed under Section 482 of the in a case FIR VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document CRM-M-15742 CRM-M-61243 No.262 dated 02.12.2023, registered under Sections 420 & 120B of IPC, at Police Station Sadar Kharar, District SAS Nagar Mohali. 2. Gagandeep Singh filed a complaint on 04.08.2023, on which an carried out by the Deputy Captain of Police (Local), District SAS Nagar Mohali and on the basis of this inquiry conducted in the complaint filed by complainant Gagandeep Singh, it was found that co Sohal, the petitioner in CRM to the complainant that he had NRI girls to perform contract marriage an could arrange a NRI girl for him with whom, after per marriage, he could be sent and settled abroad. complainant for arranging an NRI girl. Thereafter, Happy Sohal and his accompli introduced complainant Gagandeep Singh to R Beaslay and Heera Singh and Erika Beaslay, petitioner in CRM whom they would would settle in a photograph of `Jaimala’ was clicked of the complainant with Mendhi Erika Beaslay and the complainant was asked to get the VISA of Romania and aft staying there about one year, he was promised to be sent to Germany. However, petitioners and their accompli pretext or the other. 15742-2025 61243-2024 No.262 dated 02.12.2023, registered under Sections 420 & 120B of IPC, at Police Station Sadar Kharar, District SAS Nagar Mohali. The facts enumerated from the record are that complainant Gagandeep Singh filed a complaint on 04.08.2023, on which an carried out by the Deputy Captain of Police (Local), District SAS Nagar Mohali and on the basis of this enquiry report, the FIR was lodged. As per the inquiry conducted in the complaint filed by complainant Gagandeep Singh, it was found that complainant Gagandeep Singh Sohal, the petitioner in CRM-M-15742-2025 to the complainant that he had NRI girls to perform contract marriage an could arrange a NRI girl for him with whom, after per marriage, he could be sent and settled abroad. complainant to Rachna and Lakhwinder Singh, who asked for a fee of Rs.5 lacs for arranging an NRI girl. Thereafter, Happy Sohal and his accompli roduced complainant Gagandeep Singh to R and Heera Singh and made him to believe that their daughter Erika Beaslay, petitioner in CRM-M-61243- whom they would arrange contract marriage would settle in Germany. The deal was struck for Rs.27 lacs. On 07.09.2020, a photograph of `Jaimala’ was clicked of the complainant with Mendhi Erika Beaslay and the complainant was asked to get the VISA of Romania and aft staying there about one year, he was promised to be sent to Germany. However, petitioners and their accomplices the other. - 2 - No.262 dated 02.12.2023, registered under Sections 420 & 120B of IPC, at Police Station Sadar Kharar, District SAS Nagar Mohali. The facts enumerated from the record are that complainant Gagandeep Singh filed a complaint on 04.08.2023, on which an enquiry was carried out by the Deputy Captain of Police (Local), District SAS Nagar nquiry report, the FIR was lodged. As per the inquiry conducted in the complaint filed by complainant Gagandeep Singh, it mplainant Gagandeep Singh got acquainted with Happy 2025, and it was told by Happy Sohal to the complainant that he had NRI girls to perform contract marriage and could arrange a NRI girl for him with whom, after performing contract marriage, he could be sent and settled abroad. Happy Sohal had introduced the Rachna and Lakhwinder Singh, who asked for a fee of Rs.5 lacs for arranging an NRI girl. Thereafter, Happy Sohal and his accomplices further roduced complainant Gagandeep Singh to Raminder Beaslay @ Reema to believe that their daughter Mendhi -2024, is settled in Germany, with contract marriage of the complainant and then he . The deal was struck for Rs.27 lacs. On 07.09.2020, a photograph of `Jaimala’ was clicked of the complainant with Mendhi Erika Beaslay and the complainant was asked to get the VISA of Romania and aft staying there about one year, he was promised to be sent to Germany. ces kept on delaying the same on one No.262 dated 02.12.2023, registered under Sections 420 & 120B of IPC, at The facts enumerated from the record are that complainant nquiry was carried out by the Deputy Captain of Police (Local), District SAS Nagar nquiry report, the FIR was lodged. As per the inquiry conducted in the complaint filed by complainant Gagandeep Singh, it with Happy y Sohal he contract Happy Sohal had introduced the Rachna and Lakhwinder Singh, who asked for a fee of Rs.5 lacs further @ Reema Mendhi 2024, is settled in Germany, with of the complainant and then he . The deal was struck for Rs.27 lacs. On 07.09.2020, a photograph of `Jaimala’ was clicked of the complainant with Mendhi Erika Beaslay and the complainant was asked to get the VISA of Romania and after staying there about one year, he was promised to be sent to Germany. kept on delaying the same on one VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document CRM-M-15742 CRM-M-61243 3. Rs.26,35,000/ investigating agencies and on finding substance in the allegations made therein, the FIR was lodged. The investigating agencies issued notices to the petitioners and their co come forward. Apprehending arrest, the petitioners have approached the Court of learned Additional District Judge, SAS Nagar, Mohali for grant of concession of anticipatory bail, however, after hearing both the sides, the said relief was declined respectively. Hence, aggrieved against the said orders, the petitioner before this Court 4. that the petitioners have been falsely and frivolously implicated in the present case. It is submitted that the marriage between petitioner Mendhi Erika Beaslay and the complainant had taken place with the consent of both the sides and Raminder ceremony and Rs.5 lacs as dowry/gift to the complainant. However, the complainant demanded Rs.15 lacs as was parties. He contended that, thereafter, the complaina that Rs.15 lacs would be given to him after sale of the plot Beaslay @ Reema Beaslay, mother of petitioner Mendhi Erika Beaslay submitted that the marriage was registered in Delhi. He submitted that the complainant and petitioner Raminder Beaslay complainant kept on pressurizing petitioner 15742-2025 61243-2024 Ultimately, when the complainant found himself cheated of Rs.26,35,000/-, he filed the complaint, which was investigating agencies and on finding substance in the allegations made therein, the FIR was lodged. The investigating agencies issued notices to the petitioners and their co-accused for joining investigat come forward. Apprehending arrest, the petitioners have approached the Court of learned Additional District Judge, SAS Nagar, Mohali for grant of concession of anticipatory bail, however, after hearing both the sides, the said elief was declined to them vide orders dated 12.03.2025 and dated 25.11.2024 respectively. Hence, aggrieved against the said orders, the petitioner before this Court by of filing the present petitions Learned counsel for the petitioners have ve that the petitioners have been falsely and frivolously implicated in the present case. It is submitted that the marriage between petitioner Mendhi Erika Beaslay and the complainant had taken place with the consent of both the sides aminder Beaslay @ Reema Beaslay ceremony and Rs.5 lacs as dowry/gift to the complainant. However, the complainant demanded Rs.15 lacs as was parties. He contended that, thereafter, the complaina that Rs.15 lacs would be given to him after sale of the plot Beaslay @ Reema Beaslay, mother of petitioner Mendhi Erika Beaslay submitted that the marriage was registered in Delhi. He submitted that the ainant and petitioner Mendhi Erika Beaslay Raminder Beaslay @ Reema Beaslay in Narela, New Delhi and complainant kept on pressurizing petitioner - 3 - Ultimately, when the complainant found himself cheated of led the complaint, which was enquired into by the investigating agencies and on finding substance in the allegations made therein, the FIR was lodged. The investigating agencies issued notices to the investigation; however, they did not come forward. Apprehending arrest, the petitioners have approached the Court of learned Additional District Judge, SAS Nagar, Mohali for grant of concession of anticipatory bail, however, after hearing both the sides, the said to them vide orders dated 12.03.2025 and dated 25.11.2024 respectively. Hence, aggrieved against the said orders, the petitioners are by of filing the present petitions. Learned counsel for the petitioners have vehemently contended that the petitioners have been falsely and frivolously implicated in the present case. It is submitted that the marriage between petitioner Mendhi Erika Beaslay and the complainant had taken place with the consent of both the sides @ Reema Beaslay had given Rs.4 lacs in Roka ceremony and Rs.5 lacs as dowry/gift to the complainant. However, the complainant demanded Rs.15 lacs as was allegedly decided between the parties. He contended that, thereafter, the complainant agreed on the assurance that Rs.15 lacs would be given to him after sale of the plot by Raminder Beaslay @ Reema Beaslay, mother of petitioner Mendhi Erika Beaslay. It is submitted that the marriage was registered in Delhi. He submitted that the Mendhi Erika Beaslay lived with co-accused in Narela, New Delhi and every day, the complainant kept on pressurizing petitioner Mendhi Erika Beaslay to go to Ultimately, when the complainant found himself cheated of nquired into by the investigating agencies and on finding substance in the allegations made therein, the FIR was lodged. The investigating agencies issued notices to the however, they did not come forward. Apprehending arrest, the petitioners have approached the Court of learned Additional District Judge, SAS Nagar, Mohali for grant of concession of anticipatory bail, however, after hearing both the sides, the said to them vide orders dated 12.03.2025 and dated 25.11.2024 are hemently contended that the petitioners have been falsely and frivolously implicated in the present case. It is submitted that the marriage between petitioner Mendhi Erika Beaslay and the complainant had taken place with the consent of both the sides had given Rs.4 lacs in Roka ceremony and Rs.5 lacs as dowry/gift to the complainant. However, the the nt agreed on the assurance by Raminder . It is submitted that the marriage was registered in Delhi. He submitted that the accused , the to go to VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document CRM-M-15742 CRM-M-61243 Germany for settling there. It is submitted started harassing petitioner Mendhi Erika Beaslay for settling in Germany. He submits that the complainant had clandestinely married petitioner Erika Beaslay having received any amount, as alleged by the complainant. It is submitted that the allegations made in the FIR are totally baseless and, thus, no facie case, as alleged, is made out against the petitioner that the petitioners deserve to be granted 5. applications and has drawn attention of this Court to the status report filed by way of affidavit of Karan Singh Sandhu, PP District SAS Nagar, Mohali. He contended that the FIR in the present case has been registered against the petitioner preliminary inquiry into the complainant received from complainant, namely, Gagandeep Singh in the office of the Senior Superintendent of Police, District SAS Nagar, Mohali. It is contended that during preliminary enquiry, the allegations levelled against was found that it was petitioner Happy Sohal who had arranged meeting of the complainant with Raminder Beaslay further assured the complainant that they would charg the said contract marriage. They convinced the complainant that Reema Beaslay’s daughter Mendhi Erika Beaslay is a permanent resident of Germany and the complainant would be settled there marriage. Th village Bareta. The complainant was suggested for obtaining VISA 15742-2025 61243-2024 Germany for settling there. It is submitted started harassing petitioner Mendhi Erika Beaslay for settling in Germany. He submits that the complainant had clandestinely married petitioner Erika Beaslay only with the intention to settle in Germany. They denied having received any amount, as alleged by the complainant. It is submitted that the allegations made in the FIR are totally baseless and, thus, no case, as alleged, is made out against the petitioner ioners deserve to be granted concession of Per contra, learned State counsel has vehemently opposed the bail s and has drawn attention of this Court to the status report filed by way of affidavit of Karan Singh Sandhu, PP District SAS Nagar, Mohali. He contended that the FIR in the present case has been registered against the petitioners and the co preliminary inquiry into the complainant received from complainant, namely, Gagandeep Singh in the office of the Senior Superintendent of Police, District SAS Nagar, Mohali. It is contended that during preliminary enquiry, the allegations levelled against the petitioners were was found that it was petitioner Happy Sohal who had arranged meeting of the complainant with Raminder Beaslay @ Reema Beaslay further assured the complainant that they would charg the said contract marriage. They convinced the complainant that Reema Beaslay’s daughter Mendhi Erika Beaslay is a permanent resident of Germany and the complainant would be settled there marriage. The ring ceremony was performed on 07.09.2020 at complainant’s village Bareta. The complainant was suggested for obtaining VISA - 4 - Germany for settling there. It is submitted that it is the complainant who started harassing petitioner Mendhi Erika Beaslay for settling in Germany. He submits that the complainant had clandestinely married petitioner Mendhi only with the intention to settle in Germany. They denied having received any amount, as alleged by the complainant. It is submitted that the allegations made in the FIR are totally baseless and, thus, no prima case, as alleged, is made out against the petitioners. Thus, it is contended concession of anticipatory bail. , learned State counsel has vehemently opposed the bail s and has drawn attention of this Court to the status report filed by way of affidavit of Karan Singh Sandhu, PPS, DSP, Sub Division Kharar District SAS Nagar, Mohali. He contended that the FIR in the present case has and the co-accused after conducting preliminary inquiry into the complainant received from complainant, namely, Gagandeep Singh in the office of the Senior Superintendent of Police, District SAS Nagar, Mohali. It is contended that during preliminary enquiry, the the petitioners were prima facie substantiated and it was found that it was petitioner Happy Sohal who had arranged meeting of the @ Reema Beaslay and Heera Singh, who further assured the complainant that they would charge Rs.30 lacs to arrange the said contract marriage. They convinced the complainant that Reema Beaslay’s daughter Mendhi Erika Beaslay is a permanent resident of Germany and the complainant would be settled there after performing the contract e ring ceremony was performed on 07.09.2020 at complainant’s village Bareta. The complainant was suggested for obtaining VISA that it is the complainant who started harassing petitioner Mendhi Erika Beaslay for settling in Germany. He Mendhi of having received any amount, as alleged by the complainant. It is submitted prima . Thus, it is contended , learned State counsel has vehemently opposed the bail s and has drawn attention of this Court to the status report filed by S, DSP, Sub Division Kharar-1, District SAS Nagar, Mohali. He contended that the FIR in the present case has conducting preliminary inquiry into the complainant received from complainant, namely, Gagandeep Singh in the office of the Senior Superintendent of Police, District SAS Nagar, Mohali. It is contended that during preliminary enquiry, the substantiated and it was found that it was petitioner Happy Sohal who had arranged meeting of the and Heera Singh, who e Rs.30 lacs to arrange the said contract marriage. They convinced the complainant that Reema Beaslay’s daughter Mendhi Erika Beaslay is a permanent resident of Germany contract e ring ceremony was performed on 07.09.2020 at complainant’s village Bareta. The complainant was suggested for obtaining VISA of VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document CRM-M-15742 CRM-M-61243 Romania and after staying there for one year, he could be sent to Germany. The complainant Rs.26,35,000/ contract marriage. accused persons, 6. well hatched conspiracy, defrauded the complainant on the pretext of sending him to Germany by entering into the contract marriage. Neither the money was returned to the complainant nor who has produced some videos of petitioner Mendhi Erika Beaslay to substantiate his contention that the petitioners is evident from efforts having been made, the petitioners could not be arrested and, thus, for the free and fair investigation, their custodial interrogation is essential. He submits that both the petitions, being devoid of merit, deserve to be dismissed. 7. available record, it is registered after carrying out a preliminary enquiry in the complaint filed by complainant Gagandeep Singh. During p the complainant was introduced by petitioner Happy Sohal and he was assured for 15742-2025 61243-2024 Romania and after staying there for one year, he could be sent to Germany. complainant was found to be defrauded for an a Rs.26,35,000/- on the pretext of sending him to Germany by entering into a contract marriage. The details of Rs.26 lacs, accused persons, as found during the enquiry, Rs.2 lacs cash Happy Sohal Rs.14 lacs cash Raminder Beaslay @ Reema Rs.10 lacs Raminder Beaslay @ Reema Thus, it is alleged that the petitioners along with co well hatched conspiracy, defrauded the complainant on the pretext of sending him to Germany by entering into the contract marriage. Neither the money was returned to the complainant nor he was sent who has produced some videos of petitioner Mendhi Erika Beaslay to substantiate his contention that the petitioners is evident from their demeanour in the videos. He submits that despit efforts having been made, the petitioners could not be arrested and, thus, for the free and fair investigation, their custodial interrogation is essential. He submits that both the petitions, being devoid of merit, deserve to be dismissed. After hearing learned counsel for the parties and perusing the available record, it is deciphered that the FIR in the present case has been registered after carrying out a preliminary enquiry in the complaint filed by complainant Gagandeep Singh. During preliminary enquiry, it was found that the complainant was introduced by petitioner Happy Sohal he was assured for permanent settlement in Germany by entering into a - 5 - Romania and after staying there for one year, he could be sent to Germany. was found to be defrauded for an amount to the tune of on the pretext of sending him to Germany by entering into a details of Rs.26 lacs, given by the complainant to the as found during the enquiry, are as follows:- ppy Sohal Raminder Beaslay @ Reema Raminder Beaslay @ Reema alleged that the petitioners along with co-accused, in a well hatched conspiracy, defrauded the complainant on the pretext of sending him to Germany by entering into the contract marriage. Neither the money was abroad. It is counsel for the State who has produced some videos of petitioner Mendhi Erika Beaslay to substantiate his contention that the petitioners of hatching a conspiracy, which in the videos. He submits that despite various efforts having been made, the petitioners could not be arrested and, thus, for the free and fair investigation, their custodial interrogation is essential. He submits that both the petitions, being devoid of merit, deserve to be dismissed. After hearing learned counsel for the parties and perusing the that the FIR in the present case has been registered after carrying out a preliminary enquiry in the complaint filed by reliminary enquiry, it was found that the complainant was introduced by petitioner Happy Sohal to his accomplices permanent settlement in Germany by entering into a Romania and after staying there for one year, he could be sent to Germany. mount to the tune of on the pretext of sending him to Germany by entering into a given by the complainant to the accused, in a well hatched conspiracy, defrauded the complainant on the pretext of sending him to Germany by entering into the contract marriage. Neither the money was abroad. It is counsel for the State who has produced some videos of petitioner Mendhi Erika Beaslay to a conspiracy, which e various efforts having been made, the petitioners could not be arrested and, thus, for the free and fair investigation, their custodial interrogation is essential. He submits that both the petitions, being devoid of merit, deserve to be dismissed. After hearing learned counsel for the parties and perusing the that the FIR in the present case has been registered after carrying out a preliminary enquiry in the complaint filed by reliminary enquiry, it was found that his accomplices permanent settlement in Germany by entering into a VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document CRM-M-15742 CRM-M-61243 contract marriage with an NRI girl. He was assured that NRI girls a available with abroad. The complainant was However, after performing the contract marriage and charging the money, the complainant found himself def issued various notices by the police, neither joined investigation nor the were/are traceable. Needless to say, gullible citizens are being trapped for sending them 8. are given under Section 482 (1) & (2) of BNSS which reads as under: 15742-2025 61243-2024 contract marriage with an NRI girl. He was assured that NRI girls a available with them and on performing the contract marriage, he could settle abroad. The complainant was charged for an amount of Rs.26,35,000/ However, after performing the contract marriage and charging the money, the complainant found himself defrauded. The petitioners, despite having been issued various notices by the police, neither joined investigation nor the traceable. Needless to say, the cases of this type of nature gullible citizens are being trapped for sending them For the consideration of anticipatory bail, the statutory parameters are given under Section 482 (1) & (2) of BNSS which reads as under: “482. Direction for grant of bail to person apprehending arrest: 1. When any person has reason to believe that he may be arrested on an accusation of having committed a non may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. 2. When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; - 6 - contract marriage with an NRI girl. He was assured that NRI girls a and on performing the contract marriage, he could settle for an amount of Rs.26,35,000/ However, after performing the contract marriage and charging the money, the rauded. The petitioners, despite having been issued various notices by the police, neither joined investigation nor the he cases of this type of nature, where the gullible citizens are being trapped for sending them abroad, are on rise. For the consideration of anticipatory bail, the statutory parameters are given under Section 482 (1) & (2) of BNSS which reads as under:- “482. Direction for grant of bail to person apprehending arrest: s reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, nt of such arrest, he shall be released on When the High Court or the Court of Session makes a direction section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it a condition that the person shall make himself available for interrogation by a police officer as and when a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any son acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to a condition that the person shall not leave India without the previous permission of the Court; contract marriage with an NRI girl. He was assured that NRI girls are and on performing the contract marriage, he could settle for an amount of Rs.26,35,000/-. However, after performing the contract marriage and charging the money, the rauded. The petitioners, despite having been issued various notices by the police, neither joined investigation nor they where the For the consideration of anticipatory bail, the statutory parameters s reason to believe that he may be arrested bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, nt of such arrest, he shall be released on When the High Court or the Court of Session makes a direction section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it a condition that the person shall make himself available for interrogation by a police officer as and when a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any son acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to a condition that the person shall not leave India without VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document CRM-M-15742 CRM-M-61243 9. Sharma, (1997) 7 SCC 187 9. Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632 and again reiterated that while considering the anticipatory bail the Court is to take into consideration the factors like gravity of o tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society as well. The anticipatory bail is an extraordinary discretion which sh exercised in the extraordinary circumstances. 10. apparent that the complicity of the petitioner 15742-2025 61243-2024 (iv) such other condition as may be imposed under sub section (3) of section 480, as if the bail were granted under that section.” Hon'ble Supreme Court in State represented by Sharma, (1997) 7 SCC 187 has held as under: “6. We find force in the submis interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favorable order under 438 if the code. In a case like this effective interrogation of suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Succession such interrogation would elude if the suspected person knows that he is well protected and insulted by a pre the time he 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, 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 disinterring offences would not conduct themselves as offenders.” Hon’ble Apex Court in plethora of judicial precedents including Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632 and again reiterated that while considering the anticipatory bail the Court is to take into consideration the factors like gravity of o tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society as well. The anticipatory bail is an extraordinary discretion which sh exercised in the extraordinary circumstances. Weighing the facts of the case on the anvil of the law settled, it is apparent that the complicity of the petitioners - 7 - condition as may be imposed under sub section (3) of section 480, as if the bail were granted Hon'ble Supreme Court in State represented by CBI Vs. Anil has held as under:- “6. We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favorable order under Section if the code. In a case like this effective interrogation of suspected s of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Succession such interrogation would elude if the suspected person knows that he is well protected and insulted by a pre-arrest bail durin the time he 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 Police Officers would conduct themselves in task of disinterring offences would not conduct themselves as Court in plethora of judicial precedents including Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632, has time and again reiterated that while considering the anticipatory bail the Court is to take into consideration the factors like gravity of offence, chances of accused tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society as well. The anticipatory bail is an extraordinary discretion which should be exercised in the extraordinary circumstances. Weighing the facts of the case on the anvil of the law settled, it is s has been prima facie established. condition as may be imposed under sub- section (3) of section 480, as if the bail were granted CBI Vs. Anil sion of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning Section if the code. In a case like this effective interrogation of suspected s of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Succession such interrogation would elude if the suspected person arrest bail during the time he 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 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 disinterring offences would not conduct themselves as Court in plethora of judicial precedents including , has time and again reiterated that while considering the anticipatory bail the Court is to ffence, chances of accused tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society ould be Weighing the facts of the case on the anvil of the law settled, it is established. VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document CRM-M-15742 CRM-M-61243 The investigation is at its threshold. Thus petitioners at this stage would scuttle the ongoing investigation. 11. Court is of the opinion that the petitioner extraordinary power by this Court in petitions, being devoid of any merit 12. on the merits of the case 13. case. April 03, 2025 vinod* 15742-2025 61243-2024 The investigation is at its threshold. Thus, granting anticipatory bail to the at this stage would scuttle the ongoing investigation. In view of the facts and circumstances of the present case, this Court is of the opinion that the petitioners traordinary power by this Court in their being devoid of any merit, are hereby dismissed. Nothing said herein shall be construed as an expression of opinion on the merits of the case. A copy of this order be placed on the file of another connected , 2025 Whether Speaking/Reasoned: Whether Reportable: - 8 - , granting anticipatory bail to the at this stage would scuttle the ongoing investigation. In view of the facts and circumstances of the present case, this do not qualify for exercising the their favour. Resultantly, both the hereby dismissed. Nothing said herein shall be construed as an expression of opinion r be placed on the file of another connected (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES , granting anticipatory bail to the In view of the facts and circumstances of the present case, this do not qualify for exercising the the Nothing said herein shall be construed as an expression of opinion r be placed on the file of another connected VINOD KUMAR 2025.04.25 09:26 I attest to the accuracy and integrity of this document