CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 103 Vikram Singh Chouhan State of Haryana CORAM: Present: SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS’) for grant of bearing FIR No. punishable under Sections Kaithal City, District Kaithal. 2. 23.06.2025, the police received credible intelligence indicating that two individuals, namely Jaskaran Singh and Gurdaya substances in a truck bearing registration number HR56B this information, a naka was said vehicle, a total of 5 kilograms and 900 grams of chura post (poppy husk) was recovered. The accused were subsequently apprehended, and their disclosure statements were recorded in accordance with During interrogation, co -35917-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Vikram Singh Chouhan V/s State of Haryana CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Prerak Sheoran, Advocate for the petitioner. Mr. Tarun Aggarwal, Additional Advocate General, Haryana. ***** SUMEET GOEL, J. (Oral) The present petition has been filed Bharatiya Nagarik Suraksha Sanhita, 2023 ( for grant of pre-arrest/anticipatory bearing FIR No.0172 dated 23.06.2025 punishable under Sections 15(b) of the NDPS Act, 1985 at Police Station Kaithal City, District Kaithal. The gravamen of the FIR in question reflects 23.06.2025, the police received credible intelligence indicating that two individuals, namely Jaskaran Singh and Gurdaya substances in a truck bearing registration number HR56B this information, a naka was laid, and upon interception and inspection of the said vehicle, a total of 5 kilograms and 900 grams of chura post (poppy k) was recovered. The accused were subsequently apprehended, and their disclosure statements were recorded in accordance with During interrogation, co-accused Jaskaran Singh revealed that he had 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35917-2025 Date of decision: 24.07.202 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Prerak Sheoran, Advocate for the petitioner. Mr. Tarun Aggarwal, Additional Advocate General, Haryana. ***** The present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the arrest/anticipatory bail to the petitioner in case 23.06.2025, registered for the offences 15(b) of the NDPS Act, 1985 at Police Station The gravamen of the FIR in question reflects that on 23.06.2025, the police received credible intelligence indicating that two individuals, namely Jaskaran Singh and Gurdayal, were transporting narcotic substances in a truck bearing registration number HR56B-0750. Acting on , and upon interception and inspection of the said vehicle, a total of 5 kilograms and 900 grams of chura post (poppy k) was recovered. The accused were subsequently apprehended, and their disclosure statements were recorded in accordance with the procedure. accused Jaskaran Singh revealed that he had .2025 Mr. Tarun Aggarwal, Additional Advocate General, Haryana. 482 of hereinafter to be referred as ‘the bail to the petitioner in case , registered for the offences 15(b) of the NDPS Act, 1985 at Police Station that on 23.06.2025, the police received credible intelligence indicating that two l, were transporting narcotic 0750. Acting on , and upon interception and inspection of the said vehicle, a total of 5 kilograms and 900 grams of chura post (poppy k) was recovered. The accused were subsequently apprehended, and their procedure. accused Jaskaran Singh revealed that he had AJAY KUMAR 2025.07.25 10:46 I attest to the accuracy and integrity of this document CRM-M- procured 10 kilograms of poppy husk for a sum Singh Chouhan, 3. has been falsely implicated in the present case disclosure statement made by co apprehended with 5 kilograms and 900 grams of chura post (poppy husk). Learned counsel has further iterated that no recovery, either of a narcotic substance or any other incriminating material, has been effected from the petitioner. Furtherm linking the petitioner to the alleged offence and his name does not find mention in the FIR. The only basis of the implication of the petitioner is the unsubstantiated disclosure statement of the co by learned counsel that the alleged recovery effected from the co falls under the category of non under Section 37 of the NDPS Act, 1985 is not attracted in the present case. It has been further argued that instant case being any material to establish a involvement in the commission of the offe asserts that the continued incarceration of the petitioner, who is a 38 old sole breadwinner of his family, would serve no useful purpose and would cause undue hardship, particularly when there is no material evidence against him. interrogation of the petitioner, as nothing incriminating remains to be recovered from him. intention of evading the process of law -35917-2025 procured 10 kilograms of poppy husk for a sum Singh Chouhan, (petitioner-herein). Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated in the present case disclosure statement made by co-accused Jaskaran apprehended with 5 kilograms and 900 grams of chura post (poppy husk). Learned counsel has further iterated that no recovery, either of a narcotic substance or any other incriminating material, has been effected from the petitioner. Furthermore, there is no independent corroborative evidence linking the petitioner to the alleged offence and his name does not find mention in the FIR. The only basis of the implication of the petitioner is the unsubstantiated disclosure statement of the co by learned counsel that the alleged recovery effected from the co falls under the category of non-commercial quantity, and therefore, the bar under Section 37 of the NDPS Act, 1985 is not attracted in the present case. has been further argued that the petitioner has merely been roped instant case under the ambit of Section 29 of the NDPS Act, without there being any material to establish a prima facie involvement in the commission of the offe asserts that the continued incarceration of the petitioner, who is a 38 old sole breadwinner of his family, would serve no useful purpose and would cause undue hardship, particularly when there is no material evidence inst him. 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. Learned counsel asserts that the petitioner has no intention of evading the process of law 2 procured 10 kilograms of poppy husk for a sum of ₹20,000 from Vikram Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated in the present case solely on the basis of the accused Jaskaran Singh, who was apprehended with 5 kilograms and 900 grams of chura post (poppy husk). Learned counsel has further iterated that no recovery, either of a narcotic substance or any other incriminating material, has been effected from the ore, there is no independent corroborative evidence linking the petitioner to the alleged offence and his name does not find mention in the FIR. The only basis of the implication of the petitioner is the unsubstantiated disclosure statement of the co-accused. It is further argued by learned counsel that the alleged recovery effected from the co-accused commercial quantity, and therefore, the bar under Section 37 of the NDPS Act, 1985 is not attracted in the present case. the petitioner has merely been roped in the under the ambit of Section 29 of the NDPS Act, without there prima facie case of conspiracy or involvement in the commission of the offence. Learned counsel further asserts that the continued incarceration of the petitioner, who is a 38-year old sole breadwinner of his family, would serve no useful purpose and would cause undue hardship, particularly when there is no material evidence It has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be Learned counsel asserts that the petitioner has no intention of evading the process of law and undertakes to cooperate fully 20,000 from Vikram Learned counsel for the petitioner has iterated that the petitioner solely on the basis of the Singh, who was apprehended with 5 kilograms and 900 grams of chura post (poppy husk). Learned counsel has further iterated that no recovery, either of a narcotic substance or any other incriminating material, has been effected from the ore, there is no independent corroborative evidence linking the petitioner to the alleged offence and his name does not find mention in the FIR. The only basis of the implication of the petitioner is the ed. It is further argued accused commercial quantity, and therefore, the bar under Section 37 of the NDPS Act, 1985 is not attracted in the present case. in the under the ambit of Section 29 of the NDPS Act, without there case of conspiracy or nce. Learned counsel further year- old sole breadwinner of his family, would serve no useful purpose and would cause undue hardship, particularly when there is no material evidence It has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be Learned counsel asserts that the petitioner has no and undertakes to cooperate fully AJAY KUMAR 2025.07.25 10:46 I attest to the accuracy and integrity of this document CRM-M- with the investigation. petitioner is ready to join the investigation would be served by sending aforementioned submissions, the grant of the instant petition is entreated for 4. anticipatory bail to the petitioner by arguing that the against the petitioner are counsel, the petitioner is actively involved in the illicit trade of narcotic substances, and his role in the present case is far from innocent. Furthermore, was subsequently recovered from the possession of co Singh and Gurdayal on 03.06.2025, following the receipt of credible and specific secret information by the police. Learned State counsel asserts that although the recovery may fall with nature of the offence and the conduct of the petitioner raise serious concerns regarding his involvement in a wider nexus of narcotic trafficking activities. Referring to para 8 of the reply dated 19.07.2025 of Mr. Bir Superintendent of Police (HQ), Kaithal, learned State counsel submits the implication of the petitioner is not casual or accidental but is based on concrete leads developed during investigation and there Detail Record) available with the prosecution so as to show the culpability of the petitioner. Furthermore, seriously hamper the ongoing investigation and embolden the petitioner to tamper wi susceptible to pressure or intimidation. Given the gravity of the offence, the larger public interest involved in curbing the menace of drug trafficking, and -35917-2025 with the investigation. It is next submitted petitioner is ready to join the investigation would be served by sending him behind the bars. On the basis of the rementioned submissions, the grant of the instant petition is entreated for Conversely, learned State counsel anticipatory bail to the petitioner by arguing that the against the petitioner are serious in nature. counsel, the petitioner is actively involved in the illicit trade of narcotic substances, and his role in the present case is far from innocent. Furthermore, the petitioner was the supplier of chura post (poppy husk) that was subsequently recovered from the possession of co Singh and Gurdayal on 03.06.2025, following the receipt of credible and specific secret information by the police. Learned State counsel asserts that although the recovery may fall within the non nature of the offence and the conduct of the petitioner raise serious concerns regarding his involvement in a wider nexus of narcotic trafficking activities. Referring to para 8 of the reply dated 19.07.2025 of Mr. Bir Superintendent of Police (HQ), Kaithal, learned State counsel submits the implication of the petitioner is not casual or accidental but is based on concrete leads developed during investigation and there Detail Record) available with the prosecution so as to show the culpability of the petitioner. Furthermore, granting bail to the petitioner at this stage may seriously hamper the ongoing investigation and embolden the petitioner to tamper with evidence or influence key witnesses, many of whom may be susceptible to pressure or intimidation. Given the gravity of the offence, the larger public interest involved in curbing the menace of drug trafficking, and 3 It is next submitted by the learned counsel that the petitioner is ready to join the investigation and hence no useful purpose him behind the bars. On the basis of the rementioned submissions, the grant of the instant petition is entreated for , learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations raised ture. According to learned State counsel, the petitioner is actively involved in the illicit trade of narcotic substances, and his role in the present case is far from innocent. the petitioner was the supplier of chura post (poppy husk) that was subsequently recovered from the possession of co-accused Jaskaran Singh and Gurdayal on 03.06.2025, following the receipt of credible and specific secret information by the police. Learned State counsel asserts that in the non-commercial category, the nature of the offence and the conduct of the petitioner raise serious concerns regarding his involvement in a wider nexus of narcotic trafficking activities. Referring to para 8 of the reply dated 19.07.2025 of Mr. Bir Bhan, Deputy Superintendent of Police (HQ), Kaithal, learned State counsel submits that the implication of the petitioner is not casual or accidental but is based on concrete leads developed during investigation and there are CDR (Call Detail Record) available with the prosecution so as to show the culpability of granting bail to the petitioner at this stage may seriously hamper the ongoing investigation and embolden the petitioner to th evidence or influence key witnesses, many of whom may be susceptible to pressure or intimidation. Given the gravity of the offence, the larger public interest involved in curbing the menace of drug trafficking, and that the no useful purpose him behind the bars. On the basis of the rementioned submissions, the grant of the instant petition is entreated for. opposed the grant of allegations raised State counsel, the petitioner is actively involved in the illicit trade of narcotic substances, and his role in the present case is far from innocent. the petitioner was the supplier of chura post (poppy husk) that accused Jaskaran Singh and Gurdayal on 03.06.2025, following the receipt of credible and specific secret information by the police. Learned State counsel asserts that commercial category, the nature of the offence and the conduct of the petitioner raise serious concerns regarding his involvement in a wider nexus of narcotic trafficking activities. Bhan, Deputy that the implication of the petitioner is not casual or accidental but is based on are CDR (Call Detail Record) available with the prosecution so as to show the culpability of granting bail to the petitioner at this stage may seriously hamper the ongoing investigation and embolden the petitioner to th evidence or influence key witnesses, many of whom may be susceptible to pressure or intimidation. Given the gravity of the offence, the larger public interest involved in curbing the menace of drug trafficking, and AJAY KUMAR 2025.07.25 10:46 I attest to the accuracy and integrity of this document CRM-M- the potential threat to the fair condu submitted that the petitioner does not deserve the concession of anticipatory bail and it is prayed that 5. gone through the available record of the case. 6. serious allegations have been levelled against the petitioner. the record that on 23.06.2025, the police, acting on s intelligence, apprehended two individuals namely Jaskaran Singh and Gurdayal (co truck bearing registration No. HR56B led to the recove husk), a substance governed under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. Following their arrest, the disclosure statements of the accused were recorded in accordance co-accused Jaskaran Singh, during the course of interrogation, specifically disclosed that he had procured 10 kilograms of poppy husk for a consideration of Chouhan. This statemen in the present case. founded principally on the disclosure statement made by the co coupled with the existence of Call Detail Recor investigating agency, indicate communication and a degree of association between the petitioner and the co complicity in the offence. -35917-2025 the potential threat to the fair conduct of the trial, it is most respectfully submitted that the petitioner does not deserve the concession of anticipatory bail and it is prayed that the present petition deserves to be dismissed. I have heard the learned counsel for the gone through 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 record that on 23.06.2025, the police, acting on s intelligence, apprehended two individuals namely Jaskaran Singh and Gurdayal (co-accused) who were found transporting narcotic substances in a truck bearing registration No. HR56B-0750. The interception of the vehicle led to the recovery of 5 kilograms and 900 grams of chura post (poppy husk), a substance governed under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. Following their arrest, the disclosure statements of the accused were recorded in accordance accused Jaskaran Singh, during the course of interrogation, specifically disclosed that he had procured 10 kilograms of poppy husk for a consideration of ₹20,000/- from the present petitioner namely Vikram Singh Chouhan. This statement forms the basis of the implication of the petitioner in the present case. At this stage, the alleged involvement founded principally on the disclosure statement made by the co coupled with the existence of Call Detail Recor investigating agency, indicate communication and a degree of association between the petitioner and the co-accused, thereby suggesting his possible complicity in the offence. 4 ct of the trial, it is most respectfully submitted that the petitioner does not deserve the concession of anticipatory the present petition deserves to be dismissed. I have heard the learned counsel for the rival parties and have gone through 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. It emerges from the record that on 23.06.2025, the police, acting on specific and credible intelligence, apprehended two individuals namely Jaskaran Singh and accused) who were found transporting narcotic substances in a 0750. The interception of the vehicle ry of 5 kilograms and 900 grams of chura post (poppy husk), a substance governed under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. Following their arrest, the disclosure statements of the accused were recorded in accordance with law. Notably, accused Jaskaran Singh, during the course of interrogation, specifically disclosed that he had procured 10 kilograms of poppy husk for a from the present petitioner namely Vikram Singh t forms the basis of the implication of the petitioner At this stage, the alleged involvement of the petitioner founded principally on the disclosure statement made by the co-accused, coupled with the existence of Call Detail Records (CDRs) which, as per the investigating agency, indicate communication and a degree of association accused, thereby suggesting his possible ct of the trial, it is most respectfully submitted that the petitioner does not deserve the concession of anticipatory and have As per the case put forth in the FIR in question, indubitably, It emerges from pecific and credible intelligence, apprehended two individuals namely Jaskaran Singh and accused) who were found transporting narcotic substances in a 0750. The interception of the vehicle ry of 5 kilograms and 900 grams of chura post (poppy husk), a substance governed under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. Following their arrest, the disclosure with law. Notably, accused Jaskaran Singh, during the course of interrogation, specifically disclosed that he had procured 10 kilograms of poppy husk for a from the present petitioner namely Vikram Singh t forms the basis of the implication of the petitioner of the petitioner is accused, ds (CDRs) which, as per the investigating agency, indicate communication and a degree of association accused, thereby suggesting his possible AJAY KUMAR 2025.07.25 10:46 I attest to the accuracy and integrity of this document CRM-M- 7. accused amounts to 5 kilograms and 900 grams of chura post (poppy husk), which technically falls within the ambit of a non defined under the NDPS Act. However, the classification of the recovered substance as non factor to overlook the gravity of the offence or the potential role of the petitioner in the broader chain of illicit narcotic supply. Furthermore, the petitioner has been implicated on the basis of specif co-accused Jaskaran Singh, who during interrogation, categorically stated that he had procured 10 kilograms of poppy husk from the petitioner for a monetary consideration. In addition to the disclosure statement, the prosecution has a which, according to the investigating agency, substantiate communication and association between the petitioner and the co prima facie 8. petitioner being part of a larger nexus engaged in the unlawful trade of narcotic substances, raises serious concerns that cannot be brushed aside at this nascent stage of the investigation. The apprehension expressed by the prosecution influence witnesses who may be vulnerable to coercion not without basis. investigation, the possibility of tampering with evidence or obstructing justice, and the overarching public interest in deterring the menace of narcotic drug trafficking, this Court is of the view that the petitioner merit the concession of bail at this juncture. -35917-2025 It is not in dispute that the recovery effected accused amounts to 5 kilograms and 900 grams of chura post (poppy husk), which technically falls within the ambit of a non defined under the NDPS Act. However, the classification of the recovered substance as non-commercial, in itself, cannot be treated as a mitigating factor to overlook the gravity of the offence or the potential role of the petitioner in the broader chain of illicit narcotic supply. Furthermore, the petitioner has been implicated on the basis of specif accused Jaskaran Singh, who during interrogation, categorically stated that he had procured 10 kilograms of poppy husk from the petitioner for a monetary consideration. In addition to the disclosure statement, the prosecution has also referred to the existence of Call Detail Records (CDRs) which, according to the investigating agency, substantiate communication and association between the petitioner and the co prima facie credence to the allegation of the in The nature of the allegations, coupled with the possibility of the petitioner being part of a larger nexus engaged in the unlawful trade of narcotic substances, raises serious concerns that cannot be brushed aside at nascent stage of the investigation. The apprehension expressed by the prosecution that the petitioner, if released on bail, may abscond or attempt to influence witnesses who may be vulnerable to coercion not without basis. Given the seriousness of the offence, the stage of investigation, the possibility of tampering with evidence or obstructing justice, and the overarching public interest in deterring the menace of narcotic drug trafficking, this Court is of the view that the petitioner merit the concession of bail at this juncture. 5 It is not in dispute that the recovery effected from the co accused amounts to 5 kilograms and 900 grams of chura post (poppy husk), which technically falls within the ambit of a non-commercial quantity as defined under the NDPS Act. However, the classification of the recovered ial, in itself, cannot be treated as a mitigating factor to overlook the gravity of the offence or the potential role of the petitioner in the broader chain of illicit narcotic supply. Furthermore, the petitioner has been implicated on the basis of specific disclosure made by accused Jaskaran Singh, who during interrogation, categorically stated that he had procured 10 kilograms of poppy husk from the petitioner for a monetary consideration. In addition to the disclosure statement, the lso referred to the existence of Call Detail Records (CDRs) which, according to the investigating agency, substantiate communication and association between the petitioner and the co-accused, thereby lending credence to the allegation of the involvement of the petitioner. The nature of the allegations, coupled with the possibility of the petitioner being part of a larger nexus engaged in the unlawful trade of narcotic substances, raises serious concerns that cannot be brushed aside at nascent stage of the investigation. The apprehension expressed by the that the petitioner, if released on bail, may abscond or attempt to influence witnesses who may be vulnerable to coercion also appears to be iousness of the offence, the stage of investigation, the possibility of tampering with evidence or obstructing justice, and the overarching public interest in deterring the menace of narcotic drug trafficking, this Court is of the view that the petitioner does not merit the concession of bail at this juncture. Moreover, in view of the from the co- accused amounts to 5 kilograms and 900 grams of chura post (poppy husk), commercial quantity as defined under the NDPS Act. However, the classification of the recovered ial, in itself, cannot be treated as a mitigating factor to overlook the gravity of the offence or the potential role of the petitioner in the broader chain of illicit narcotic supply. Furthermore, the ic disclosure made by accused Jaskaran Singh, who during interrogation, categorically stated that he had procured 10 kilograms of poppy husk from the petitioner for a monetary consideration. In addition to the disclosure statement, the lso referred to the existence of Call Detail Records (CDRs) which, according to the investigating agency, substantiate communication accused, thereby lending volvement of the petitioner. The nature of the allegations, coupled with the possibility of the petitioner being part of a larger nexus engaged in the unlawful trade of narcotic substances, raises serious concerns that cannot be brushed aside at nascent stage of the investigation. The apprehension expressed by the that the petitioner, if released on bail, may abscond or attempt to also appears to be iousness of the offence, the stage of investigation, the possibility of tampering with evidence or obstructing justice, and the overarching public interest in deterring the menace of does not n view of the AJAY KUMAR 2025.07.25 10:46 I attest to the accuracy and integrity of this document CRM-M- serious allegations, the custodial interrogation of the indispensable and crucial for unearthing the broader conspiracy identifying knowledge or possession anticipatory bail at this premature stage may seriously prejudice the ongoing investigation influencing material witnesses. 9. grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). 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. It is imperative that every person in the Society can & fear of any transgression. At this stage, there is no material on record to hold that material which has come on record and preliminary investigation, be established a reasonable basis for the accusation is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039] held as under : (SCC p. -35917-2025 serious allegations, the custodial interrogation of the indispensable and crucial for unearthing the broader conspiracy identifying the other potential accomplices that may be within the exclusive knowledge or possession of the petitioner anticipatory bail at this premature stage may seriously prejudice the ongoing investigation and potentially result in tampering with evidence or luencing material witnesses. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to n 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. It is imperative that every person in the Society can expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to hold that prima facie case is not made out against the petitioner. material which has come on record and preliminary investigation, be established a reasonable basis for the accusation is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039] 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 ensconced with a favourable order under like this, effective interrogation of a suspected person advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the 6 serious allegations, the custodial interrogation of the petitioner indispensable and crucial for unearthing the broader conspiracy and omplices that may be within the exclusive of the petitioner. Moreover, the grant of anticipatory bail at this premature stage may seriously prejudice the ongoing and potentially result in tampering with evidence or It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to n 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. It is imperative that expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to 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 accusation of the petitioner. 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) 1039], the Supreme Court “6. We find force in the submission of CBI that custodial interrogation is ted 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 disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the petitioner is and omplices that may be within the exclusive the grant of anticipatory bail at this premature stage may seriously prejudice the ongoing and potentially result in tampering with evidence or It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to n 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. It is imperative that expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to The appear to . Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would v. Anil e Court “6. We find force in the submission of CBI that custodial interrogation is than questioning a suspect who is well- of the Code. In a case is of tremendous disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the AJAY KUMAR 2025.07.25 10:46 I attest to the accuracy and integrity of this document CRM-M- 10. petitioner does not deserve the concession of anticipatory bail in the factual milieu of the case in hand. Moreover, custodial interrogation of the petitioner is necessary The petition is, thus, devoid of merits and is hereby dismissed. 11. of opinion upon merits of the case/investigation. 12. July 24, 202 Ajay -35917-2025 suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is inte 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 a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders. Accordingly, 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. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation & to unravel the truth. The petition is, thus, 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. , 2025 Whether speaking/reasoned: Whether reportable: 7 suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being degree methods need not be countenanced, for, such an ment 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 es as offenders.” Accordingly, 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. Moreover, custodial interrogation of the for an effective investigation & to unravel the truth. The petition is, thus, 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. ication(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No suspected person knows that he is well protected and insulated by a pre- rrogated. 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 degree methods need not be countenanced, for, such an ment 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 Accordingly, 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. Moreover, custodial interrogation of the for an effective investigation & to unravel the truth. Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2025.07.25 10:46 I attest to the accuracy and integrity of this document