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High Court of Punjab and Haryana · body

2025 DAILYLAW 85827 (PNJ)

GURNAM SINGH v. STATE OF PUNJAB

CRM-M/40917/2025 · 2025-07-31

Sumeet Goel

body2025

Judgment text

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CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 109 Gurnam Singh State of Punjab CORAM: Present: SUMEET GOEL 1. Nagarik Suraksha Sanhita, 2023 (hereinafter to be refe for grant of No.134 dated Sections Sangrur, Punjab. 2. complainant namely Village Bharur, Tehsil Sunam, District Sangrur 10.12.2022, t other fellow villagers and Hotel, Sangrur, where they induced us with promises of a 10% interest return and assured that period of 12 months. Subsequently, on 22.12.2022, a follow conducted by the Sangrur where various -40917-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gurnam Singh V/s State of Punjab CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ashadveer Singh, Advocate for the petitioner. Mr. Gurpartap S. Bhullar, AAG Punjab. ***** SUMEET GOEL, J. (Oral) Present petition has been filed Nagarik Suraksha Sanhita, 2023 (hereinafter to be refe for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR dated 27.06.2024, registered for the offences punishable under 420 and 120-B of IPC at Police Station Sangrur, Punjab. The gravamen of the FIR in question pertains to defrauding the complainant namely Harbans Singh son of Amarjit Singh, resident of Village Bharur, Tehsil Sunam, District Sangrur 10.12.2022, the petitioner alongwith other accused other fellow villagers and accordingly a meeting was scheduled Hotel, Sangrur, where they induced us with promises of a 10% interest return and assured that their invested amounts would be period of 12 months. Subsequently, on 22.12.2022, a follow conducted by the petitioner alongwith other accused where various accounts of the investors 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40917-2025 Date of decision: 31.07.202 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Ashadveer Singh, Advocate for the petitioner. Mr. Gurpartap S. Bhullar, AAG Punjab. ***** Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) bail to the petitioner in case bearing FIR , registered for the offences punishable under at Police Station City Sangrur, District The gravamen of the FIR in question pertains to defrauding the son of Amarjit Singh, resident of Village Bharur, Tehsil Sunam, District Sangrur. He alleged that o petitioner alongwith other accused approached him and accordingly a meeting was scheduled at Design Hotel, Sangrur, where they induced us with promises of a 10% interest invested amounts would be tripled within a period of 12 months. Subsequently, on 22.12.2022, a follow-up meeting was petitioner alongwith other accused at Yadwinder Hotel, the investors were opened under .2025 482 of Bharatiya rred as ‘the BNSS’) bail to the petitioner in case bearing FIR , registered for the offences punishable under City Sangrur, District The gravamen of the FIR in question pertains to defrauding the son of Amarjit Singh, resident of . He alleged that on him and at Design Hotel, Sangrur, where they induced us with promises of a 10% interest tripled within a up meeting was at Yadwinder Hotel, were opened under the AJAY KUMAR 2025.07.31 18:46 I attest to the accuracy and integrity of this document CRM-M- name of the company accused to reinforce their claims. possess photographic and video evidence depict the misleading assurances 20/25 persons with the accused alleged that the principal a complainant alongwith others villagers Hon’ble Senior Superintendent of Police, Sangrur. The matter was subsequently taken up by the Economic Offences Wing, which summon the accused for accused admitted their wrongdoing and assured repayment of the amounts. Thereafter, requested additional time and in lieu However, when these cheques were presented for encashment dishonoured forged signatures. investors On the basis of the aforesaid complaint, instant FIR has been registered against the petitioner and investigation ensued. 3. FIR is a gross misuse of the process of law and has been lodged with fide intent, solely to harass and falsely implicate the petitioner. Learned counsel has further iterated that a bare reading of the FIR does not disclose the commission of any cognizable offence by the petitioner. The allegations -40917-2025 name of the company. Thereafter, multiple meetings were held by to reinforce their claims. The complainant alongwith other possess photographic and video evidence depict the misleading assurances of the accused persons of the investors, including the the accused, amounting to approximately Rs.31.00 lacs alleged that despite repeated follow-ups, neither the promised interest nor the principal amounts were returned. Consequently, on 10.09.2023, complainant alongwith others villagers Hon’ble Senior Superintendent of Police, Sangrur. The matter was subsequently taken up by the Economic Offences Wing, which summon the accused for the inquiry. During the accused admitted their wrongdoing and assured repayment of the amounts. Thereafter, a Panchayati compromise was reached, wherein the accused requested additional time and in lieu of repayment issued various cheques. However, when these cheques were presented for encashment dishonoured, some due to insufficient funds and others due to incorrect or forged signatures. It was alleged by the complainant that he alongwith ot investors were being subjected to unnecessary harassment by the accused. On the basis of the aforesaid complaint, instant FIR has been registered against the petitioner and investigation ensued. Learned counsel for the petitioner has iterated t FIR is a gross misuse of the process of law and has been lodged with intent, solely to harass and falsely implicate the petitioner. Learned counsel has further iterated that a bare reading of the FIR does not disclose the commission of any cognizable offence by the petitioner. The allegations 2 hereafter, multiple meetings were held by The complainant alongwith other investors possess photographic and video evidence of these gatherings which clearly of the accused. A total of approximately of the investors, including the complainant, deposited funds approximately Rs.31.00 lacs. It was further ups, neither the promised interest nor mounts were returned. Consequently, on 10.09.2023, complainant alongwith others villagers submitted an application to the Hon’ble Senior Superintendent of Police, Sangrur. The matter was subsequently taken up by the Economic Offences Wing, which summon inquiry. During the course of the investigation, the accused admitted their wrongdoing and assured repayment of the amounts. a Panchayati compromise was reached, wherein the accused of repayment issued various cheques. However, when these cheques were presented for encashment, they were some due to insufficient funds and others due to incorrect or It was alleged by the complainant that he alongwith ot being subjected to unnecessary harassment by the accused. On the basis of the aforesaid complaint, instant FIR has been registered against the petitioner and investigation ensued. Learned counsel for the petitioner has iterated that the present FIR is a gross misuse of the process of law and has been lodged with mala intent, solely to harass and falsely implicate the petitioner. Learned counsel has further iterated that a bare reading of the FIR does not disclose the commission of any cognizable offence by the petitioner. The allegations hereafter, multiple meetings were held by the investors clearly approximately deposited funds It was further ups, neither the promised interest nor mounts were returned. Consequently, on 10.09.2023, the submitted an application to the Hon’ble Senior Superintendent of Police, Sangrur. The matter was subsequently taken up by the Economic Offences Wing, which summoned investigation, the accused admitted their wrongdoing and assured repayment of the amounts. a Panchayati compromise was reached, wherein the accused of repayment issued various cheques. they were some due to insufficient funds and others due to incorrect or It was alleged by the complainant that he alongwith other being subjected to unnecessary harassment by the accused. On the basis of the aforesaid complaint, instant FIR has been registered the present mala intent, solely to harass and falsely implicate the petitioner. Learned counsel has further iterated that a bare reading of the FIR does not disclose the commission of any cognizable offence by the petitioner. The allegations AJAY KUMAR 2025.07.31 18:46 I attest to the accuracy and integrity of this document CRM-M- are general, vague and lack m petitioner. According to learned counsel, his name has been dragged into the matter without any supporting material or evidence. Furthermore, the complainant has deliberately concealed vital facts functioning as an agent of the company and and shield himself from implicated the petitioner as a scapegoat. It has been further submitted that the investigation material on record to substantiate the alleged transfer of funds to the petitioner. the petitioner nor counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. According to learned counsel, in the absence of substantive and incomplete material, the entire prosecution narrative is nothing but an abuse of process. Lastly, it has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be recovered from absconding from the process of justice in case he is enlarged on pre bail. On strength of these submissions, the grant of anticipatory bail is entreated for. 4. opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the FIR in question pertains to grave allegations of cheating, criminal br trust and misappropriation -40917-2025 are general, vague and lack material with regard to the role played by the petitioner. According to learned counsel, his name has been dragged into the matter without any supporting material or evidence. Furthermore, the complainant has deliberately concealed vital facts functioning as an agent of the company and and shield himself from the liability, the complainant has now falsely implicated the petitioner as a scapegoat. It has been further submitted that the investigation itself reveals that there is no documentary evidence or material on record to substantiate the alleged transfer of funds to the petitioner. Neither there is any allegation of misappropriat the petitioner nor is there any recovery or counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. According to learned counsel, in the absence of substantive and lete material, the entire prosecution narrative is nothing but an abuse of process. Lastly, 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 in case he is enlarged on pre On strength of these submissions, the grant of anticipatory bail is entreated for. On the strength of the advance notice, opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the FIR in question pertains to grave allegations of cheating, criminal br ust and misappropriation of funds to the tune of approximately Rs.31.00 3 aterial with regard to the role played by the petitioner. According to learned counsel, his name has been dragged into the matter without any supporting material or evidence. Furthermore, the complainant has deliberately concealed vital facts as he has been actively functioning as an agent of the company and hence in order to shift the blame liability, the complainant has now falsely implicated the petitioner as a scapegoat. It has been further submitted that itself reveals that there is no documentary evidence or material on record to substantiate the alleged transfer of funds to the allegation of misappropriation of funds or incriminating material. 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. According to learned counsel, in the absence of substantive and lete material, the entire prosecution narrative is nothing but an abuse of process. Lastly, it has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to there is no likelihood of the petitioner absconding from the process of justice in case he is enlarged on pre-arrest On strength of these submissions, the grant of anticipatory bail is On the strength of the advance notice, learned State counsel opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the FIR in question pertains to grave allegations of cheating, criminal breach of of funds to the tune of approximately Rs.31.00 aterial with regard to the role played by the petitioner. According to learned counsel, his name has been dragged into the matter without any supporting material or evidence. Furthermore, the actively in order to shift the blame liability, the complainant has now falsely implicated the petitioner as a scapegoat. It has been further submitted that itself reveals that there is no documentary evidence or material on record to substantiate the alleged transfer of funds to the funds by 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. According to learned counsel, in the absence of substantive and lete material, the entire prosecution narrative is nothing but an abuse of process. Lastly, it has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to there is no likelihood of the petitioner arrest On strength of these submissions, the grant of anticipatory bail is ed State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the each of of funds to the tune of approximately Rs.31.00 AJAY KUMAR 2025.07.31 18:46 I attest to the accuracy and integrity of this document CRM-M- lacs which has been complainant. According to learned State counsel, the petitioner, alongwith accused, is alleged to have allured innocent returning interest. He has further contended that the FIR contains sufficient allegations warranting a thorough investigation and the role attributed to the petitioner is under active investigation. of the seriousness of the allegations, the custodial interrogation of the petitioner emphasized hamper the ongoing investigation and potentially lead to tampering with evidence or influencing of witnesses. for the dismissal investigation into the alleged offence. 5. gone through the available record of the case. 6. serious allegations have been levelled against the petitioner. The FIR was lodged on the basis of a complaint filed by the complainant that on 10.12.2022, the petitioner, along alongwith Design Hotel, Sangrur, where they were induced to invest with promise of 10% interest and Thereafter some investors claim made by the petitioner -40917-2025 which has been collected from 20 complainant. According to learned State counsel, the petitioner, alongwith accused, is alleged to have allured innocent returning their investment three times interest. He has further contended that the FIR contains sufficient allegations warranting a thorough investigation and the role attributed to the ner is under active investigation. He has of the seriousness of the allegations, the custodial interrogation of the petitioner is imperative for a fair and thorough investigation. emphasized that releasing the petitioner hamper the ongoing investigation and potentially lead to tampering with evidence or influencing of witnesses. Accordingly, a prayer has been made dismissal of the instant petition investigation into the alleged offence. 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 FIR was lodged on the basis of a complaint filed by the complainant 10.12.2022, the petitioner, along alongwith other investors and accordingly a meeting was scheduled Design Hotel, Sangrur, where they were induced to invest with promise of 10% interest and three times return of Thereafter, several accounts were opened in the name of the company of investors. Subsequently, multiple meeti made by the petitioner alongwith 4 from 20-25 persons, including the complainant. According to learned State counsel, the petitioner, alongwith accused, is alleged to have allured innocent persons with false promise of three times and also providing 10% monthly interest. He has further contended that the FIR contains sufficient allegations warranting a thorough investigation and the role attributed to the He has further contended that in light of the seriousness of the allegations, the custodial interrogation of the is imperative for a fair and thorough investigation. He has further petitioner on bail at this crucial stage may hamper the ongoing investigation and potentially lead to tampering with Accordingly, a prayer has been made instant petition in order to facilitate effective 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. The FIR ibid was lodged on the basis of a complaint filed by the complainant who alleged 10.12.2022, the petitioner, along with co-accused, approached him and accordingly a meeting was scheduled Design Hotel, Sangrur, where they were induced to invest with promise of three times return of their capital within 12 months. , several accounts were opened in the name of the company of ultiple meetings were held to reinforce the alongwith co-accused. Approximately 20 25 persons, including the complainant. According to learned State counsel, the petitioner, alongwith persons with false promise of providing 10% monthly interest. He has further contended that the FIR contains sufficient allegations warranting a thorough investigation and the role attributed to the further contended that in light of the seriousness of the allegations, the custodial interrogation of the He has further on bail at this crucial stage may hamper the ongoing investigation and potentially lead to tampering with Accordingly, a prayer has been made effective and have As per the case put forth in the FIR in question, indubitably, ibid alleged him and accordingly a meeting was scheduled at Design Hotel, Sangrur, where they were induced to invest with promise of their capital within 12 months. , several accounts were opened in the name of the company of ngs were held to reinforce the . Approximately 20/25 AJAY KUMAR 2025.07.31 18:46 I attest to the accuracy and integrity of this document CRM-M- individuals invested a collective sum of despite repeated amount were ever repaid of the material available on record, this Court is of the considered opinion that the allegations levelled in the FIR are serious in nature and, at this stage, prima facie individuals who were allegedly induced under the pretext of lucrative returns. The petitioner has b played an active fraudulent scheme, which purportedly caused wrongful loss to numerous investors and unlawful gain to the accused. lodging the FIR appears to be reasonably explained in light of the nature of the alleged offence. In cases of financial fraud, victims often refrain from immediate legal recourse owing to repeated assurances of repayment and fear of losing their invested cannot be deemed fatal to the prosecution case at this stage. existence of a purported compromise or private settlement does not automatically exonerate the accused from criminal liability. It is w that in offences involving cheating and criminal breach of trust, particularly of an economic nature, the impact on public interest must be given paramount consideration. Such offences not only undermine the financial security of individuals bu transactions. 7. documentary evidence circumstances detailed in the investigation, points towar -40917-2025 individuals invested a collective sum of despite repeated follow-ups, neither the promised returns nor the principal amount were ever repaid to the petitioner and other investors. of the material available on record, this Court is of the considered opinion at the allegations levelled in the FIR are serious in nature and, at this stage, prima facie disclose a well-orchestrated financial fraud involving multiple individuals who were allegedly induced under the pretext of lucrative returns. The petitioner has been specifically named and is alleged to have played an active as well as participatory role in the execution of the fraudulent scheme, which purportedly caused wrongful loss to numerous investors and unlawful gain to the accused. lodging the FIR appears to be reasonably explained in light of the nature of the alleged offence. In cases of financial fraud, victims often refrain from immediate legal recourse owing to repeated assurances of repayment and fear of losing their invested sums altogether. Hence, the delay in itself cannot be deemed fatal to the prosecution case at this stage. existence of a purported compromise or private settlement does not automatically exonerate the accused from criminal liability. It is w that in offences involving cheating and criminal breach of trust, particularly of an economic nature, the impact on public interest must be given paramount consideration. Such offences not only undermine the financial security of individuals but also erode public confidence in lawful financial transactions. The investigation is at nascent stage and the recovery of crucial documentary evidence coupled with circumstances detailed in the investigation, points towar 5 individuals invested a collective sum of ₹31 lakhs with the accused, but ups, neither the promised returns nor the principal to the petitioner and other investors. Upon perusal of the material available on record, this Court is of the considered opinion at the allegations levelled in the FIR are serious in nature and, at this stage, orchestrated financial fraud involving multiple individuals who were allegedly induced under the pretext of lucrative een specifically named and is alleged to have participatory role in the execution of the fraudulent scheme, which purportedly caused wrongful loss to numerous investors and unlawful gain to the accused. Furthermore, the delay in lodging the FIR appears to be reasonably explained in light of the nature of the alleged offence. In cases of financial fraud, victims often refrain from immediate legal recourse owing to repeated assurances of repayment and sums altogether. Hence, the delay in itself cannot be deemed fatal to the prosecution case at this stage. Moreover, the existence of a purported compromise or private settlement does not automatically exonerate the accused from criminal liability. It is well settled that in offences involving cheating and criminal breach of trust, particularly of an economic nature, the impact on public interest must be given paramount consideration. Such offences not only undermine the financial t also erode public confidence in lawful financial The investigation is at nascent stage and the recovery of crucial coupled with siphoned amount as also other circumstances detailed in the investigation, points towards the active hs with the accused, but ups, neither the promised returns nor the principal Upon perusal of the material available on record, this Court is of the considered opinion at the allegations levelled in the FIR are serious in nature and, at this stage, orchestrated financial fraud involving multiple individuals who were allegedly induced under the pretext of lucrative een specifically named and is alleged to have participatory role in the execution of the fraudulent scheme, which purportedly caused wrongful loss to numerous he delay in lodging the FIR appears to be reasonably explained in light of the nature of the alleged offence. In cases of financial fraud, victims often refrain from immediate legal recourse owing to repeated assurances of repayment and sums altogether. Hence, the delay in itself Moreover, the existence of a purported compromise or private settlement does not ell settled that in offences involving cheating and criminal breach of trust, particularly of an economic nature, the impact on public interest must be given paramount consideration. Such offences not only undermine the financial t also erode public confidence in lawful financial The investigation is at nascent stage and the recovery of crucial other the active AJAY KUMAR 2025.07.31 18:46 I attest to the accuracy and integrity of this document CRM-M- complicity complainant that the custodial interrogation purpose of effecti gravity of the offence, involving thorough investigation, which, at this stage, cannot be conducted without the petitioner circumstance has been demonstrated which would warrant the grant of anticipatory bail in such a serious offence. fraudulent manner, proce investors. 8. 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 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 & 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, appear to be established a reas 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. -40917-2025 complicity of the petitioner in the alleged offence complainant and other investors. The stand of the State before this Court is custodial interrogation of the petitioner purpose of effectively recovering the siphoned amount. The nature and gravity of the offence, involving defrauding the complainant thorough investigation, which, at this stage, cannot be conducted without the petitioner being in custody. Moreover, no circumstance has been demonstrated which would warrant the grant of anticipatory bail in such a serious offence. fraudulent manner, proceeded to defraud the complainant and other . 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 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 expect an atmosphere free from & 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, 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. Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039] held as under : (SCC p.189, para 6) 6 in the alleged offence and to defraud the stand of the State before this Court is of the petitioner is indispensable for the vely recovering the siphoned amount. The nature and defrauding the complainant, necessitate a thorough investigation, which, at this stage, cannot be conducted without the Moreover, no exceptional or compelling circumstance has been demonstrated which would warrant the grant of anticipatory bail in such a serious offence. The petitioner, in a calculated and eded to defraud the complainant and other 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 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 case is not made out against the petitioner. The material which has come on record and preliminary investigation, appear to onable 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 and to defraud the stand of the State before this Court is is indispensable for the vely recovering the siphoned amount. The nature and , necessitate a thorough investigation, which, at this stage, cannot be conducted without the exceptional or compelling circumstance has been demonstrated which would warrant the grant of The petitioner, in a calculated and eded to defraud the complainant and other 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 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 foreboding & fear of any transgression. At this stage, there is no material on record to The material which has come on record and preliminary investigation, appear to onable basis for the accusation of the petitioner. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would . Anil e Court AJAY KUMAR 2025.07.31 18:46 I attest to the accuracy and integrity of this document CRM-M- 9. petitioner do milieu of the case in hand. Moreover, custodial interrogation of the is necessary for an effective investigation uncover the entire conspiracy. 10. (i) (ii) of opinion upon merits of the case/investigation. (iv) July 31, 202 Ajay -40917-2025 “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 is of advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to 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 counten 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 necessary for an effective investigation uncover the entire conspiracy. In view of the prevenient ratiocination, The petition in hand is dismissed being devoid of merits. 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 “6. We find force in the submission of CBI that custodial interrogation is 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 interrogation would elude if the suspected person knows that he is well protected and insulated by a pre ring 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 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 uld not conduct themselves as offenders.” Accordingly, this Court is of the considered opinion that the not deserve the concession of anticipatory bail in the factual of the case in hand. Moreover, custodial interrogation of the petitioner necessary for an effective investigation to trace the flow of funds and to atiocination, it is directed as under: The petition in hand is dismissed being devoid of merits. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No “6. We find force in the submission of CBI that custodial interrogation is ho is well- of the Code. In a case tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre- ring 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 anced, 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 Accordingly, this Court is of the considered opinion that the not deserve the concession of anticipatory bail in the factual petitioner to trace the flow of funds and to it is directed as under: Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2025.07.31 18:46 I attest to the accuracy and integrity of this document