CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 102 Ashish Kumar State of Haryana Date of decision: Date of Uploading : 03.07.2026 CORAM: Present: SUMEET GOEL 1. seeking grant of anticipatory/pre 2023 in FIR No. under Sections 408 of IPC at Police Station Sector 65, Gurugram, District Gurugram. 2. complainant of Javi Systems India Pvt. Ltd., that the petitioner was employed with the company from June 2018 till the year 2022. During the course of his employment, he was entrusted with responsibilities the company. It position and access to the payroll mechanism, the petitioner -31787-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ashish Kumar V/s State of Haryana Date of decision: 03.07.2026 Date of Uploading : 03.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Yashveer Kharb, Advocate for the petitioner. Ms. Mahima Yashpal Singla, Senior DAG Haryana. Dr. Anand Kumar Bishnoi, Advocate with Mr. Shivam Gupta, Advocate for the complainant. ***** SUMEET GOEL, J. (Oral) Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, 2023 in FIR No.202 dated 28.04.2026 registered for offences punishable under Sections 408 of IPC (corresponding to Section 316(4) of BNS, 2023) Station Sector 65, Gurugram, District Gurugram. The allegations, as set-out in the petition in hand complainant namely Manish Arora, Audit Manager (Accounts & Finance) ystems India Pvt. Ltd., has submitted a complaint alleging that the petitioner was employed with the company from June 2018 till the year 2022. During the course of his employment, he was entrusted with responsibilities with regard to the payroll system and financial processes of the company. It has been further alleged that taking advantage of his official position and access to the payroll mechanism, the petitioner 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31787-2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. Yashveer Kharb, Advocate for the petitioner. Ms. Mahima Yashpal Singla, Senior DAG Haryana. Dr. Anand Kumar Bishnoi, Advocate with Mr. Shivam Gupta, Advocate for the complainant. Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, registered for offences punishable (corresponding to Section 316(4) of BNS, 2023) Station Sector 65, Gurugram, District Gurugram. out in the petition in hand, are that the Manish Arora, Audit Manager (Accounts & Finance) submitted a complaint alleging therein that the petitioner was employed with the company from June 2018 till the year 2022. During the course of his employment, he was entrusted with the ll system and financial processes of alleged that taking advantage of his official position and access to the payroll mechanism, the petitioner had Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, registered for offences punishable (corresponding to Section 316(4) of BNS, 2023) , are that the Manish Arora, Audit Manager (Accounts & Finance) therein that the petitioner was employed with the company from June 2018 till the the ll system and financial processes of alleged that taking advantage of his official had AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document CRM-M- manipulated facilitated transfer of salary amounts into belonging to himself, his relatives and other known persons. complainant, the irregularities came to light only during an internal audit conducted in the year 2025. Upon ve statements and digital data which led to the registration of the instant FIR. investigation, it has been beneficiary accounts were connected with persons residing in Bicholi, District Panipat, Haryana. suffered a wrongful loss of fraudulent acts. 2.1. detected, the petitioner allegedly acknowledged his liability and entered into a settlement with the complainant complaint to have undertaken to repay the amount involved in initially made certain payments. However, according to the complainant, he subsequently defaulted in adhering to the agreed repayment schedul outstanding amount of further alleged that despite repeated communications, the petitioner 3. petitioner has been falsely implicated into the FIR in question as allegations -31787-2026 manipulated the payroll records by creating fictitious employee entries and facilitated transfer of salary amounts into belonging to himself, his relatives and other known persons. complainant, the irregularities came to light only during an internal audit conducted in the year 2025. Upon verification of statements and digital data; several suspicious transaction which led to the registration of the instant FIR. investigation, it has been allegedly revealed that a substantial num beneficiary accounts were connected with persons residing in Bicholi, District Panipat, Haryana. In this manner, the suffered a wrongful loss of ₹65,18,941/- fraudulent acts. The FIR further reflects that after the discrepancies were detected, the petitioner allegedly acknowledged his liability and entered into a settlement with the complainant-company complaint stands withdrawn. Under the settlement, the petitioner is stated to have undertaken to repay the amount involved in initially made certain payments. However, according to the complainant, he subsequently defaulted in adhering to the agreed repayment schedul outstanding amount of ₹57,98,089/- was remained to be paid further alleged that despite repeated communications, the petitioner had failed to Learned counsel for the petitioner petitioner has been falsely implicated into the FIR in question as allegations raised against the petitioner are false and 2 payroll records by creating fictitious employee entries and facilitated transfer of salary amounts into the bank accounts allegedly belonging to himself, his relatives and other known persons. As per the complainant, the irregularities came to light only during an internal audit rification of the payroll records, bank several suspicious transaction(s) were detected which led to the registration of the instant FIR. During the course of allegedly revealed that a substantial number of beneficiary accounts were connected with persons residing in Bicholi, In this manner, the company claims to have - as a consequence of the alleged that after the discrepancies were detected, the petitioner allegedly acknowledged his liability and entered into company and accordingly the earlier Under the settlement, the petitioner is stated to have undertaken to repay the amount involved in installments and initially made certain payments. However, according to the complainant, he subsequently defaulted in adhering to the agreed repayment schedule and was remained to be paid. It has been further alleged that despite repeated demands and follow- failed to repay the remaining liability. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question as against the petitioner are false and mala fide. Learned payroll records by creating fictitious employee entries and bank accounts allegedly As per the complainant, the irregularities came to light only during an internal audit payroll records, bank were detected During the course of ber of beneficiary accounts were connected with persons residing in Bicholi, company claims to have as a consequence of the alleged that after the discrepancies were detected, the petitioner allegedly acknowledged his liability and entered into earlier Under the settlement, the petitioner is stated and initially made certain payments. However, according to the complainant, he and an has been -up . has iterated that the the Learned AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document CRM-M- counsel has further iterated that the vague, exagg material which establish offences. a criminal colour to what is essentially a mone parties. According to learned counsel, to light, the parties executed an affidavit dated 07.08.2025 whereby he agreed to repay the alleged amount in installments agreement, received substantial payment emphasized could not adhere to the repayment schedule in its entirety and, therefore, the continuation of criminal proceedings amounts to misuse of the process of law. Learned counsel has canvassed that the is based on bank statements, digital data and WhatsApp communications, all of which are already in possession of the complainant agency. Therefore, no useful purpos petitioner to custodial interrogation. willing to join the investigation and cooperate with the investigating agency as and when required. The petitioner undertakes to comply with al condition( make himself available for interrogation whenever called upon. It further argued that the petitioner is a permanent resident of District Panipat, -31787-2026 counsel has further iterated that the allegations contained in the FIR are vague, exaggerated and based on assumptions without any independent which establish the involvement of the petitioner in the alleged offences. It has been further contended that the a criminal colour to what is essentially a mone According to learned counsel, after the alleged discrepancies came to light, the parties have amicably resolved the matter and the petitioner executed an affidavit dated 07.08.2025 whereby he agreed to repay the d amount in installments. Furthermore, p agreement, the complainant-company has received substantial payment(s) from the petitioner. emphasized that the present FIR has been lodged on could not adhere to the repayment schedule in its entirety and, therefore, the continuation of criminal proceedings amounts to misuse of the process of Learned counsel has canvassed that the based on documentary and electronic evidence, including payroll records, bank statements, digital data and WhatsApp communications, all of which are already in possession of the complainant Therefore, no useful purpose would be served by subjecting the petitioner to custodial interrogation. Moreover, willing to join the investigation and cooperate with the investigating agency as and when required. The petitioner undertakes to comply with al (s) that may be imposed by the Court and assures that he shall make himself available for interrogation whenever called upon. It further argued that the petitioner is a permanent resident of District Panipat, 3 allegations contained in the FIR are erated and based on assumptions without any independent the involvement of the petitioner in the alleged It has been further contended that the prosecution has tried to give a criminal colour to what is essentially a monetary dispute between the after the alleged discrepancies came amicably resolved the matter and the petitioner has executed an affidavit dated 07.08.2025 whereby he agreed to repay the . Furthermore, pursuant to the said has accepted the settlement and also from the petitioner. Learned counsel has that the present FIR has been lodged only because the petitioner could not adhere to the repayment schedule in its entirety and, therefore, the continuation of criminal proceedings amounts to misuse of the process of Learned counsel has canvassed that the entire case of the prosecution documentary and electronic evidence, including payroll records, bank statements, digital data and WhatsApp communications, all of which are already in possession of the complainant-company and the investigating e would be served by subjecting the Moreover, the petitioner is ready and willing to join the investigation and cooperate with the investigating agency as and when required. The petitioner undertakes to comply with all that may be imposed by the Court and assures that he shall make himself available for interrogation whenever called upon. It has been further argued that the petitioner is a permanent resident of District Panipat, allegations contained in the FIR are erated and based on assumptions without any independent the involvement of the petitioner in the alleged to give tary dispute between the after the alleged discrepancies came has executed an affidavit dated 07.08.2025 whereby he agreed to repay the to the said accepted the settlement and also Learned counsel has ly because the petitioner could not adhere to the repayment schedule in its entirety and, therefore, the continuation of criminal proceedings amounts to misuse of the process of entire case of the prosecution documentary and electronic evidence, including payroll records, bank statements, digital data and WhatsApp communications, all of which company and the investigating e would be served by subjecting the the petitioner is ready and willing to join the investigation and cooperate with the investigating agency the that may be imposed by the Court and assures that he shall has been further argued that the petitioner is a permanent resident of District Panipat, AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document CRM-M- Haryana, has deep roots absconding or evading the process of law bail. On strength of these submissions, the grant of anticipatory bail is entreated for. 4. anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. during the course of company, fraudulently created fictitious employee records transfer of substantial amounts into bank accounts belonging to himself, his relatives and other known persons. fraud came to light only during an internal audit conducted in the year 2025, whereupon verification of payroll records, bank statements and digital data revealed large has unearthed material indicating that company funds amounting to ₹65,18,941/ accounts linked with the petitioner and his associates. contended that the settlement r the criminality of the allegation petitioner has agreed to repay the misappropriated amount initial payments, the petitioner allegedly defaulted in honouring the settlement and a sum of State counsel has emphasized -31787-2026 Haryana, has deep roots in society and there is no likelihood of his absconding or evading the process of law bail. On strength of these submissions, the grant of anticipatory bail is entreated for. Per contra, learned State counsel anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. Learned during the course of the employment of the petitioner y, he misused his authorized access to the payroll system and fraudulently created fictitious employee records transfer of substantial amounts into bank accounts belonging to himself, his relatives and other known persons. Accordi fraud came to light only during an internal audit conducted in the year 2025, whereupon verification of payroll records, bank statements and digital data revealed large-scale financial irregularities. has unearthed material indicating that company funds amounting to 65,18,941/- were siphoned off through various transactions and routed to accounts linked with the petitioner and his associates. contended that the settlement relied upon by the petitioner does not dilute the criminality of the allegations, however, it must also be noted that the petitioner has acknowledged his liability after detection of the fraud and agreed to repay the misappropriated amount initial payments, the petitioner allegedly defaulted in honouring the settlement and a sum of ₹57,98,089/- still remains outstanding counsel has emphasized that the 4 in society and there is no likelihood of his in case he is enlarged on pre-arrest bail. On strength of these submissions, the grant of anticipatory bail is , learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by Learned State counsel has iterated that of the petitioner with the complainant misused his authorized access to the payroll system and fraudulently created fictitious employee records thereby facilitating the transfer of substantial amounts into bank accounts belonging to himself, his According to learned State counsel, fraud came to light only during an internal audit conducted in the year 2025, whereupon verification of payroll records, bank statements and digital data scale financial irregularities. Furthermore, the investigation has unearthed material indicating that company funds amounting to were siphoned off through various transactions and routed to accounts linked with the petitioner and his associates. It has been further elied upon by the petitioner does not dilute s, however, it must also be noted that the acknowledged his liability after detection of the fraud and agreed to repay the misappropriated amount. Despite having made certain initial payments, the petitioner allegedly defaulted in honouring the still remains outstanding. Learned the custodial interrogation of the in society and there is no likelihood of his arrest bail. On strength of these submissions, the grant of anticipatory bail is opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by has iterated that with the complainant- misused his authorized access to the payroll system and thereby facilitating the transfer of substantial amounts into bank accounts belonging to himself, his the fraud came to light only during an internal audit conducted in the year 2025, whereupon verification of payroll records, bank statements and digital data tigation has unearthed material indicating that company funds amounting to were siphoned off through various transactions and routed to further elied upon by the petitioner does not dilute s, however, it must also be noted that the acknowledged his liability after detection of the fraud and certain initial payments, the petitioner allegedly defaulted in honouring the . Learned custodial interrogation of the AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document CRM-M- petitioner is confined only money trail also to ascertain been made for the 4.1. in tandem with the learned State counsel, has iterated that the investigation has revealed that the petitioner Learned counsel has emphasized that economic offences such as embezzlement, fraud and criminal breach of trust are serious in nature and involvement of the petitioner has been looked at as a threat to the society. enable him to tamper with the evidence or influence witnesses. On the basis of these submissions, the dismissal of the instant petition is entreated for. 5. gone through the available record of the case. 6. serious allegations have been levelled against the petitioner. The allegations contained in the F FIR in the present case a private company before the Court employment regard to the prosecution case, the petitioner, while working with the complainant -31787-2026 petitioner is necessary for a fair and effective investigation only to the documents already collected but extends to tracing the money trail and identifying the beneficiaries of the fraudulent transfers also to ascertain the involvement of other persons been made for the dismissal of the instant petition Learned counsel for the complainant while raising submission in tandem with the learned State counsel, has iterated that the investigation has revealed that the petitioner was actively involved in the conspiracy. Learned counsel has emphasized that economic offences such as embezzlement, fraud and criminal breach of trust are serious in nature and involvement of the petitioner has been prima facie looked at as a threat to the society. Granting him bail at this stage may enable him to tamper with the evidence or influence witnesses. On the basis of these submissions, the dismissal of the instant petition is entreated for. 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 allegations contained in the FIR cannot be brushed aside as vague or baseless as the FIR in the present case reveals alleged manipulation of the payroll system of a private company namely Javi Systems India Pvt Ltd. before the Court prima facie indicates that d employment of the petitioner, he was entrusted with regard to the payroll system and financial processes of the company the prosecution case, the petitioner, while working with the complainant 5 air and effective investigation as it is not to the documents already collected but extends to tracing the identifying the beneficiaries of the fraudulent transfers the involvement of other persons. Accordingly, a prayer has instant petition. Learned counsel for the complainant while raising submission in tandem with the learned State counsel, has iterated that the investigation actively involved in the conspiracy. Learned counsel has emphasized that economic offences such as embezzlement, fraud and criminal breach of trust are serious in nature and prima facie established and should be Granting him bail at this stage may enable him to tamper with the evidence or influence witnesses. On the basis of these submissions, the dismissal of the instant petition is entreated for. arned 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 allegations IR cannot be brushed aside as vague or baseless as the alleged manipulation of the payroll system of namely Javi Systems India Pvt Ltd.. The material placed indicates that during the course of , he was entrusted with the responsibilities with the payroll system and financial processes of the company. As per the prosecution case, the petitioner, while working with the complainant is not to the documents already collected but extends to tracing the identifying the beneficiaries of the fraudulent transfers as ingly, a prayer has Learned counsel for the complainant while raising submission in tandem with the learned State counsel, has iterated that the investigation actively involved in the conspiracy. Learned counsel has emphasized that economic offences such as embezzlement, fraud and criminal breach of trust are serious in nature and and should be Granting him bail at this stage may enable him to tamper with the evidence or influence witnesses. On the basis of these submissions, the dismissal of the instant petition is entreated for. and have As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations IR cannot be brushed aside as vague or baseless as the alleged manipulation of the payroll system of . The material placed the with As per the prosecution case, the petitioner, while working with the complainant- AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document CRM-M- company, funds into his own bank accounts and the accounts of his relatives and known persons by creating fake employee entries. The alleged amount involved is substantial, i.e. petitioner that the matter is purely civil in nature because a settlement been arrived at between the parties cannot be accepted at this stage. considered opinion of this Court, t payment of the settled amount but company records and unauthorized transfer of company funds. The subsequent settlement and partial repayment of the amount do itself, entitle the petitioner to the concession of in view of the anticipatory bail is an extraordinary relief and is not to be granted as a matter of right particularly in cases involving serious economic 7. Court is not required to meticulously evaluate the evidence but only required to see whether the allegations the petitioner which require fur Court is of the also supported by financial transactions ultimately proved or not are a matter of trial and cannot stage. It is settled law that while considering Court must keep in mind the gravity of the offence, the nature of the allegations and the requirement of custodial interrogation. Economic offences, b -31787-2026 company, has allegedly misused the payroll system funds into his own bank accounts and the accounts of his relatives and known persons by creating fake employee entries. The alleged amount involved is substantial, i.e. to the tune of petitioner that the matter is purely civil in nature because a settlement arrived at between the parties cannot be accepted at this stage. considered opinion of this Court, the FIR does not arise merely from non of the settled amount but the allegations relate to manipulation of company records and unauthorized transfer of company funds. The subsequent settlement and partial repayment of the amount do entitle the petitioner to the concession of in view of the allegations made against the petitioner. anticipatory bail is an extraordinary relief and is not to be granted as a matter of right particularly in cases involving serious economic At the stage of considering of a plea for anticipatory bail, the Court is not required to meticulously evaluate the evidence but only required to see whether the allegations prima facie the petitioner which require further investigation Court is of the considered view that the allegations are not only specific but also supported by financial transactions ultimately proved or not are a matter of trial and cannot It is settled law that while considering Court must keep in mind the gravity of the offence, the nature of the allegations and the requirement of custodial interrogation. Economic offences, being committed with deliberate design and affecting the fina 6 payroll system to transfer company funds into his own bank accounts and the accounts of his relatives and known persons by creating fake employee entries. The alleged amount to the tune of ₹65,18,941/-. The plea of the petitioner that the matter is purely civil in nature because a settlement has arrived at between the parties cannot be accepted at this stage. In the he FIR does not arise merely from non the allegations relate to manipulation of company records and unauthorized transfer of company funds. The subsequent settlement and partial repayment of the amount does not, by entitle the petitioner to the concession of anticipatory bail particularly against the petitioner. It is trite law that the anticipatory bail is an extraordinary relief and is not to be granted as a matter of right particularly in cases involving serious economic offences. At the stage of considering of a plea for anticipatory bail, the Court is not required to meticulously evaluate the evidence but only prima facie disclose involvement of ther investigation. In the instant case, the view that the allegations are not only specific but also supported by financial transactions. Whether such allegations are ultimately proved or not are a matter of trial and cannot be pre-judged at this It is settled law that while considering a plea for anticipatory bail, the Court must keep in mind the gravity of the offence, the nature of the allegations and the requirement of custodial interrogation. Economic eing committed with deliberate design and affecting the financial to transfer company funds into his own bank accounts and the accounts of his relatives and known persons by creating fake employee entries. The alleged amount of the has In the he FIR does not arise merely from non- the allegations relate to manipulation of company records and unauthorized transfer of company funds. The not, by anticipatory bail particularly It is trite law that the anticipatory bail is an extraordinary relief and is not to be granted as a At the stage of considering of a plea for anticipatory bail, the Court is not required to meticulously evaluate the evidence but only disclose involvement of case, the view that the allegations are not only specific but Whether such allegations are judged at this , the Court must keep in mind the gravity of the offence, the nature of the allegations and the requirement of custodial interrogation. Economic ncial AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document CRM-M- integrity of institutions is at a nascent stage and the recovery of crucial documentary evidence coupled with other circumstances detai towards the active complicity nature and gravity of the offence necessitate which, at this stage, cannot be conducted without the custody. Moreover, no exceptional or compelling circumstance has been demonstrated which would warrant the grant of anticipatory bail in such a serious offence. proceeded to defraud the complainant economic offence. 8. grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). T reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that the petitioner. investigation, appear to establish a reasonable basis for the accusation of the petitioner. Thus, it is not appropri petitioner, as it would necessarily cause impediment in effective investigation. 1039, the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) -31787-2026 integrity of institutions are to be treated as grave offences nascent stage and the recovery of crucial documentary evidence coupled with other circumstances detai the active complicity of the petitioner nature and gravity of the offence necessitate 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 fraudulent manner, proceeded to defraud the complainant-compa economic offence. 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). T reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is erial on record to hold that prima facie the petitioner. The material which has come on record and preliminary investigation, appear to establish 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) , the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is 7 are to be treated as grave offences. The investigation nascent stage and the recovery of crucial documentary evidence coupled with other circumstances detailed in the investigation points of the petitioner in the alleged offence. The nature and gravity of the offence necessitates a thorough investigation which, at this stage, cannot be conducted without the petitioner being in Moreover, no exceptional or compelling circumstance has been demonstrated which would warrant the grant of anticipatory bail in such a The petitioner, in a calculated and fraudulent manner, company which is a grave and serious 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. At this stage, there is prima facie case is not made out against The material which has come on record and preliminary investigation, appear to establish a reasonable basis for the accusation of the ate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) , the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is . The investigation nascent stage and the recovery of crucial documentary evidence led in the investigation points The a thorough investigation being in Moreover, no exceptional or compelling circumstance has been demonstrated which would warrant the grant of anticipatory bail in such a The petitioner, in a calculated and fraudulent manner, which is a grave and serious It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding he Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is case is not made out against The material which has come on record and preliminary investigation, appear to establish a reasonable basis for the accusation of the ate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document CRM-M- 9. petitioner does not deserve the concession of anticipatory bail in the factual milieu of the case in hand. Moreover, custodial interrogation of the petitioner may be nec 10. (i) (ii) of opinion upon merits of the case/investigation. (iii) July 03, 202 Ajay -31787-2026 well-ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interr 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 interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering 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 may be necessary to unravel the full extent of the 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 f opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. 2026 Whether speaking/reasoned: Whether reportable: 8 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 lated 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 countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering offences elves 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 to unravel the full extent of the conspiracy. 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 f opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No ensconced with a favourable order under Section 438 of the Code. In ogation 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 arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering offences 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 it is directed as under: Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2026.07.03 17:04 I attest to the accuracy and integrity of this document