CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 111 Abhinav Sharma State of Haryana Date of decision: Date of Uploading : 20.07.2026 CORAM: Present: SUMEET GOEL 1. seeking grant of anticipatory/pre 2023 in FIR No.0248 dated 03.09.2025 registered for offences punishable under Sections 406, 420, 467, 468, 471 of IPC at Po Gurugram. 2. the complainant with the petitioner and his wife regarding the purchase of the second floor of a residential property situated in Sector that the complainant consideration payments made at the insistence of the complainant -35367-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Abhinav Sharma V/s State of Haryana Date of decision: 20.07.2026 Date of Uploading : 20.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Ms. Pia M Bhargava, Advocate for the petitioner (through Video Conference). Ms. Mahima Yashpal Singla, Senior DAG Haryana. Mr. Abhinav 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.0248 dated 03.09.2025 registered for offences punishable under Sections 406, 420, 467, 468, 471 of IPC at Po Gurugram. The prosecution case, as set- the complainant had entered into an Agreement to Sell dated 05.08.2020 with the petitioner and his wife regarding the purchase of the second floor of residential property situated in Sector-56, Gurugram. It that the complainant had paid a substantial amount towards the sale consideration which includes the earnest money payments made at the insistence of the complainant, despite receiving the agreed amount, the petitioner and his 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35367-2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner (through Video Conference). . Ms. Mahima Yashpal Singla, Senior DAG Haryana. Mr. Abhinav Gupta, Advocate for the complainant. Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, 2023 in FIR No.0248 dated 03.09.2025 registered for offences punishable under Sections 406, 420, 467, 468, 471 of IPC at Police Station Sector 56, -out in the petition in hand, is that entered into an Agreement to Sell dated 05.08.2020 with the petitioner and his wife regarding the purchase of the second floor of 56, Gurugram. It has been alleged paid a substantial amount towards the sale earnest money as also subsequent further payments made at the insistence of the accused persons. As per the , despite receiving the agreed amount, the petitioner and his Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, 2023 in FIR No.0248 dated 03.09.2025 registered for offences punishable lice Station Sector 56, , is that entered into an Agreement to Sell dated 05.08.2020 with the petitioner and his wife regarding the purchase of the second floor of alleged paid a substantial amount towards the sale further As per the , despite receiving the agreed amount, the petitioner and his AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- wife repeatedly avoided execution demanding additional amounts on one pretext or further alleged that of the complainant was subsequently cancelled without his knowledge the complainant was kept under the impression that the sale transaction would be completed execution of the sale complainant had taken belongings therein, the accused persons forcibly dispossess removed his articles which necessi suit for specific performance which was decreed in his favour. During execution proceedings, property had already been transferred to third part further alleged that the petitioner, his wife and the subsequent purchasers acted in connivance with each other and cheated him. investigation, it allegedly cancelled thr details/credentials of the complainant. FIR came to be registered. 3. petitioner is purely civil in nature arising out of an Agreement to Sell. has further iterated that the by filing a suit for specific performance nature of the controversy. According to learned counsel, as per the terms of the Agreement to Sell, the complainant was required to pay the balance sale -35367-2026 wife repeatedly avoided execution of the sale demanding additional amounts on one pretext or further alleged that an application seeking permission for of the complainant was subsequently cancelled without his knowledge complainant was kept under the impression that the sale transaction would be completed but the accused persons intentional execution of the sale-deed. It has been complainant had taken the possession of the property and kept his belongings therein, the accused persons forcibly dispossess removed his articles which necessitated the suit for specific performance which was decreed in his favour. During execution proceedings, the complainant property had already been transferred to third part alleged that the petitioner, his wife and the subsequent purchasers acted in connivance with each other and cheated him. investigation, it had surfaced that the transfer permission allegedly cancelled through a fake e-mail purportedly created by using the credentials of the complainant. On these set of allegations, the instant FIR came to be registered. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question is purely civil in nature arising out of an Agreement to Sell. has further iterated that the complainant has already availed the by filing a suit for specific performance nature of the controversy. According to learned counsel, as per the terms of the Agreement to Sell, the complainant was required to pay the balance sale 2 of the sale-deed and continued demanding additional amounts on one pretext or the other. It has been an application seeking permission for transfer in favour of the complainant was subsequently cancelled without his knowledge and complainant was kept under the impression that the sale transaction the accused persons intentionally delayed the has been further alleged that after the possession of the property and kept his belongings therein, the accused persons forcibly dispossessed him and tated the complainant to institute a civil suit for specific performance which was decreed in his favour. During the the complainant allegedly discovered that the property had already been transferred to third party(s). The complainant has alleged that the petitioner, his wife and the subsequent purchasers acted in connivance with each other and cheated him. During the course of transfer permission application was mail purportedly created by using the On these set of allegations, the instant Learned counsel for the petitioner has iterated that the to the FIR in question as the dispute is purely civil in nature arising out of an Agreement to Sell. Learned counsel has already availed the civil remedy by filing a suit for specific performance which clearly reflects the civil nature of the controversy. According to learned counsel, as per the terms of the Agreement to Sell, the complainant was required to pay the balance sale deed and continued It has been transfer in favour and complainant was kept under the impression that the sale transaction ly delayed the alleged that after the possession of the property and kept his ed him and a civil the allegedly discovered that the nt has alleged that the petitioner, his wife and the subsequent purchasers the course of was mail purportedly created by using the On these set of allegations, the instant Learned counsel for the petitioner has iterated that the the dispute Learned counsel civil remedy reflects the civil nature of the controversy. According to learned counsel, as per the terms of the Agreement to Sell, the complainant was required to pay the balance sale AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- consideration and get the sale despite repeated extensions granted at the request of the complainant, he has failed to fulfill his contractual obligations. According to learned counsel, the petitioner contract and has Registrar on the scheduled date for execution of the sale further contended that the allegations contained in the FIR, even if taken at their face value, do not disclose the commissi criminal breach of trust or forgery. Furthermore, the entire case is based on documentary evidence which is already available with the investigating agency and no recovery is required to be effected from the petitioner. been further contended that the investigation as and when required petitioner absconding from the process of justice or tampering with the prosecution evidence in case he is en of these submissions, the grant of anticipatory bail is entreated for. 4. affidavit of Gurugram, to the petitioner by arguing that the petitioner are grave, serious and supported by specific material collected during the course of under: -35367-2026 consideration and get the sale-deed executed within the stipulated pe despite repeated extensions granted at the request of the complainant, he has failed to fulfill his contractual obligations. According to learned counsel, the petitioner has always been ready and willing to perform his part of the contract and has even marked his presence before the office of the Sub Registrar on the scheduled date for execution of the sale further contended that the allegations contained in the FIR, even if taken at their face value, do not disclose the commissi criminal breach of trust or forgery. Furthermore, the entire case is based on documentary evidence which is already available with the investigating agency and no recovery is required to be effected from the petitioner. been further contended that the petitioner is ready and willing to join investigation as and when required and there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he is enlarged on pre of these submissions, the grant of anticipatory bail is entreated for. Referring to status report affidavit of Vishal, HPS, Assistant Commissioner of Police, HQ Gurugram, learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the petitioner are grave, serious and supported by specific material collected the course of investigation. The relevant pa “13. Role of the petitioner: The role attributed to the petitioner Abhinav Sharma in the commission of the present offence is that, he in connivance with other co-accused had created a fake email by using the complainant credentials and a fake mail was sent to the HSVP 3 deed executed within the stipulated period but despite repeated extensions granted at the request of the complainant, he has failed to fulfill his contractual obligations. According to learned counsel, the ready and willing to perform his part of the even marked his presence before the office of the Sub Registrar on the scheduled date for execution of the sale-deed. It has been further contended that the allegations contained in the FIR, even if taken at their face value, do not disclose the commission of any offence of cheating, criminal breach of trust or forgery. Furthermore, the entire case is based on documentary evidence which is already available with the investigating agency and no recovery is required to be effected from the petitioner. It ha petitioner is ready and willing to join and there is no likelihood of the petitioner absconding from the process of justice or tampering with the larged on pre-arrest bail. On strength of these submissions, the grant of anticipatory bail is entreated for. status report dated 10.07.2026 by way of an Vishal, HPS, Assistant Commissioner of Police, HQ-III, d State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations levelled against the petitioner are grave, serious and supported by specific material collected The relevant part of the reply reads as Role of the petitioner: The role attributed to the petitioner Abhinav Sharma in the commission of the present offence is that, he in accused had created a fake email by using redentials and a fake mail was sent to the HSVP riod but despite repeated extensions granted at the request of the complainant, he has failed to fulfill his contractual obligations. According to learned counsel, the ready and willing to perform his part of the even marked his presence before the office of the Sub- deed. It has been further contended that the allegations contained in the FIR, even if taken at on of any offence of cheating, criminal breach of trust or forgery. Furthermore, the entire case is based on documentary evidence which is already available with the investigating It has the and there is no likelihood of the petitioner absconding from the process of justice or tampering with the arrest bail. On strength by way of an III, d State counsel has opposed the grant of anticipatory bail allegations levelled against the petitioner are grave, serious and supported by specific material collected rt of the reply reads as Role of the petitioner: The role attributed to the petitioner Abhinav Sharma in the commission of the present offence is that, he in accused had created a fake email by using redentials and a fake mail was sent to the HSVP AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- learned State counsel has further iterated that the complainant to enter into the transaction, received towards the sale consideration and thereafter intentionally avoided execution of th complainant having obtained a decree for specific performance from the competent Civil Court, the petitioner, in connivance with the co transferred the property to third parties with the rights of the complainant. has surfaced that a fake e the transfer permission cancelled without the knowledge of the complaina Learned State counsel has emphasized that the petitioner is necessary for recovery and examination of electronic devices and for unearthing the complete conspiracy behind the commission of the offence. Accordingly, the 5. submissions in tandem with the State counsel. Learned counsel has iterated that the allegations cannot be termed as merely civil in nature at thi as the material on record inducement from the very inception of the transaction. counsel, -35367-2026 Department cancelling the transfer permission allegedly by the complainant himself, thereby causing wrongful loss to the complainant and wrongful gain to himself and the co persons. Further, the petitioner has, since the registration of the present case, evaded the process of investigation and has not been found available at his known addresses despite repeated raids conducted by the investigating agency. Raising submissions in tandem with the afore learned State counsel has further iterated that the complainant to enter into the transaction, received towards the sale consideration and thereafter intentionally avoided execution of the sale-deed. It has been complainant having obtained a decree for specific performance from the competent Civil Court, the petitioner, in connivance with the co transferred the property to third parties with the rights of the complainant. Furthermore, during the course of investigation, it has surfaced that a fake e-mail ID was allegedly created and used for getting the transfer permission cancelled without the knowledge of the complaina Learned State counsel has emphasized that the petitioner is necessary for recovery and examination of electronic devices and for unearthing the complete conspiracy behind the commission of the Accordingly, the dismissal of the instant petition is prayed for. Learned counsel appearing for the submissions in tandem with the State counsel. Learned counsel has iterated that the allegations cannot be termed as merely civil in nature at thi as the material on record prima facie inducement from the very inception of the transaction. counsel, the complainant entered into an Agreement to Sell with the 4 Department cancelling the transfer permission allegedly by the complainant himself, thereby causing wrongful loss to the complainant and wrongful gain to himself and the co-accused ioner has, since the registration of the present case, evaded the process of investigation and has not been found available at his known addresses despite repeated raids conducted by the investigating agency.” Raising submissions in tandem with the aforesaid reply, learned State counsel has further iterated that the petitioner has induced the complainant to enter into the transaction, received the amount(s) in question towards the sale consideration and thereafter intentionally avoided has been further submitted that despite the complainant having obtained a decree for specific performance from the competent Civil Court, the petitioner, in connivance with the co-accused, transferred the property to third parties with the intention of defeating the during the course of investigation, it allegedly created and used for getting the transfer permission cancelled without the knowledge of the complaina Learned State counsel has emphasized that the custodial interrogation of the petitioner is necessary for recovery and examination of electronic devices and for unearthing the complete conspiracy behind the commission of the ismissal of the instant petition is prayed for. Learned counsel appearing for the complainant has raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations cannot be termed as merely civil in nature at this stage, discloses dishonest intention and inducement from the very inception of the transaction. According to learned the complainant entered into an Agreement to Sell with the Department cancelling the transfer permission allegedly by the complainant himself, thereby causing wrongful loss to the accused ioner has, since the registration of the present case, evaded the process of investigation and has not been found available at his known addresses despite repeated raids said reply, induced the (s) in question the further submitted that despite the complainant having obtained a decree for specific performance from the accused, intention of defeating the during the course of investigation, it allegedly created and used for getting the transfer permission cancelled without the knowledge of the complainant. custodial interrogation of the petitioner is necessary for recovery and examination of electronic devices and for unearthing the complete conspiracy behind the commission of the has raised submissions in tandem with the State counsel. Learned counsel has iterated s stage, discloses dishonest intention and According to learned the complainant entered into an Agreement to Sell with the AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- petitioner after verifying the ownership documents of the property and paid the substantial amount Despite receiving the said amounts, the petitioner continuously avoided execution of the sale pretext or another. complainant was compelled to institute a civil suit for specific performance which ultimately decreed in his favour by the competent Civil Court. However, during the execution proceedings, it came to light that the petitioner has already transferred the property to third parties in order to defeat the lawful rights of the complainant. Considering the seriousness of the allegations and the active role of the petition in hand is prayed for. 6. gone through the available record of the case. 7. allegations have been levelled against the petitioner. The allegations levelled in the FIR, at this stage, merely giving rise to a civil dispute. entered into an Agreemen but the allegations breach of contract. The complainant has specifically alleged that after receiving intentionally avoided permission cancelled without his knowledge and subsequently transferred the property to these allegations -35367-2026 petitioner after verifying the ownership documents of the property and paid substantial amount(s) towards the sale consideration from time to time. Despite receiving the said amounts, the petitioner continuously avoided execution of the sale-deed and kept demanding additional money on one pretext or another. Learned counsel has further contended that the complainant was compelled to institute a civil suit for specific performance which ultimately decreed in his favour by the competent Civil Court. owever, during the execution proceedings, it came to light that the petitioner has already transferred the property to third parties in order to defeat the lawful rights of the complainant. Considering the seriousness of the allegations and the active role attributed to the petitioner, the dismissal of the petition in hand is prayed for. I have heard the learned counsel for the gone through the available record of the case. As per the material available on record, indubitabl allegations have been levelled against the petitioner. The allegations levelled in the FIR, at this stage, prima facie merely giving rise to a civil dispute. Though entered into an Agreement to Sell and civil proceedings were also initiated the allegations prima facie shows breach of contract. The complainant has specifically alleged that after receiving the substantial amount(s) intentionally avoided the execution of the sale permission cancelled without his knowledge and subsequently transferred the property to the third party(s). In the considered opinion of this Court, hese allegations prima facie disclose elements of deception and fraudulent 5 petitioner after verifying the ownership documents of the property and paid towards the sale consideration from time to time. Despite receiving the said amounts, the petitioner continuously avoided nd kept demanding additional money on one Learned counsel has further contended that the complainant was compelled to institute a civil suit for specific performance which ultimately decreed in his favour by the competent Civil Court. owever, during the execution proceedings, it came to light that the petitioner has already transferred the property to third parties in order to defeat the lawful rights of the complainant. Considering the seriousness of attributed to the petitioner, the dismissal I have heard the learned counsel for the rival parties and have gone through the available record of the case. As per the material available on record, indubitably, serious allegations have been levelled against the petitioner. The allegations prima facie cannot be brushed aside as Though the parties have admittedly t to Sell and civil proceedings were also initiated shows the allegations are beyond mere breach of contract. The complainant has specifically alleged that after from him, the petitioner h execution of the sale-deed; got the transfer permission cancelled without his knowledge and subsequently transferred In the considered opinion of this Court, close elements of deception and fraudulent petitioner after verifying the ownership documents of the property and paid towards the sale consideration from time to time. the nd kept demanding additional money on one Learned counsel has further contended that the complainant was compelled to institute a civil suit for specific performance which ultimately decreed in his favour by the competent Civil Court. owever, during the execution proceedings, it came to light that the petitioner has already transferred the property to third parties in order to defeat the lawful rights of the complainant. Considering the seriousness of attributed to the petitioner, the dismissal and have y, serious allegations have been levelled against the petitioner. The allegations cannot be brushed aside as admittedly t to Sell and civil proceedings were also initiated mere breach of contract. The complainant has specifically alleged that after has got the transfer permission cancelled without his knowledge and subsequently transferred In the considered opinion of this Court, close elements of deception and fraudulent AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- conduct which require thorough investigation. during the course of person who was Furthermore, the created a fake e permission allegation that after receiving complainant, the property considered opinion of this Court, t the involvement of electronic evidence requires further prima facie considered opinion of this Court, the economic offences of such magnitude cannot be treated at par w consequences on public trust. that the dispute is purely civil in nature does not persuade this Court at this stage. In the considered opinion of this Court, transaction pertains to sale and purchase of land or involves monetary dealings would not prima facie inception. account of from the very beginning is a matter which requires thorough investigation and cannot be conclusively adjudicated upon anticipatory bail. required to examine the nature and gravity of accusations -35367-2026 conduct which require thorough investigation. the course of investigation indicates that who was dealing with the complainant throughout the transaction Furthermore, the investigating agency has alleged that a fake e-mail and used it for permission application. At this stage, allegation that after receiving the substantial consideration from the complainant, the property has been transferred to other person considered opinion of this Court, the possibility of a larger conspiracy and the involvement of electronic evidence cannot be ruled out, at this st requires further investigation. The amount involved is substantial which prima facie indicates the seriousness and gravity of the offence. In the considered opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far consequences on public trust. The plea that the dispute is purely civil in nature does not persuade this Court at this . In the considered opinion of this Court, transaction pertains to sale and purchase of land or involves monetary dealings would not, by itself, take away the criminality if the allegations prima facie disclose dishonest inducement and deception inception. The question(s) as to whether account of a bona fide dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation and cannot be conclusively adjudicated upon anticipatory bail. At the stage of anticipatory bail, the Court is primarily required to examine the nature and gravity of accusations 6 conduct which require thorough investigation. The material collected investigation indicates that the petitioner was the dealing with the complainant throughout the transaction investigating agency has alleged that the petitioner has for the cancellation of the transfer . At this stage, this Court cannot overlook the substantial consideration from the transferred to other person(s). In the he possibility of a larger conspiracy and cannot be ruled out, at this stage, and The amount involved is substantial which indicates the seriousness and gravity of the offence. In the considered opinion of this Court, the economic offences of such magnitude ith ordinary offences as they have far-reaching plea raised on behalf of the petitioner that the dispute is purely civil in nature does not persuade this Court at this . In the considered opinion of this Court, merely because transaction pertains to sale and purchase of land or involves monetary take away the criminality if the allegations disclose dishonest inducement and deception right from the (s) as to whether the transaction has failed dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation and cannot be conclusively adjudicated upon in a petition for grant of At the stage of anticipatory bail, the Court is primarily required to examine the nature and gravity of accusations and the role The material collected was the dealing with the complainant throughout the transaction. the petitioner has cancellation of the transfer Court cannot overlook the substantial consideration from the In the he possibility of a larger conspiracy and and The amount involved is substantial which indicates the seriousness and gravity of the offence. In the considered opinion of this Court, the economic offences of such magnitude reaching raised on behalf of the petitioner that the dispute is purely civil in nature does not persuade this Court at this the transaction pertains to sale and purchase of land or involves monetary take away the criminality if the allegations from the failed on dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation or grant of At the stage of anticipatory bail, the Court is primarily the role AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- attributed to the accused the petitioner of the petitioner may be may hamper the investigation. 8. this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present instant case, and material placed on record, are neither vague nor general in nature. this stage, the material collected during investigation active participation and a specific role attributable to the petitioner in the alleged acts of stage. It is befitting to mention here that while considering a plea for of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal intere 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 material on record to hold that petitioner. The material which has come on record and investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to would necessarily cause impediment in effective investigation. In Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039 Supreme Court held as under : (SCC p. 189, para 6) -35367-2026 attributed to the accused. The exact nature and extent of the involvement the petitioner requires deeper investigation for which custodial interrogation of the petitioner may be essential. The grant of anticipatory bail at this stage may hamper the investigation. Furthermore, no cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present FIR. It goes without saying that in the instant case, the allegations against the petitioner, as emerging from and material placed on record, are neither vague nor general in nature. this stage, the material collected during investigation active participation and a specific role attributable to the petitioner in the alleged acts of cheating and conspiracy. It is befitting to mention here that while considering a plea for of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal intere 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 material on record to hold that prima facie petitioner. The material which has come on record and investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039 Supreme Court held as under : (SCC p. 189, para 6) 7 The exact nature and extent of the involvement ires deeper investigation for which custodial interrogation The grant of anticipatory bail at this stage plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been FIR. It goes without saying that in the the allegations against the petitioner, as emerging from the FIR and material placed on record, are neither vague nor general in nature. this stage, the material collected during investigation prima facie discloses active participation and a specific role attributable to the petitioner in the cheating and conspiracy. The investigation is at nascent 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 interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is prima facie case is not made out against the petitioner. The material which has come on record and the preliminary investigation, appear to establish a reasonable basis for the accusations. 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 Hon'ble Supreme Court held as under : (SCC p. 189, para 6) The exact nature and extent of the involvement of ires deeper investigation for which custodial interrogation The grant of anticipatory bail at this stage plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been FIR. It goes without saying that in the the FIR and material placed on record, are neither vague nor general in nature. At discloses active participation and a specific role attributable to the petitioner in the The investigation is at nascent grant of anticipatory bail, the Court has to equilibrate between safeguarding sts. 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 wider no case is not made out against the preliminary investigation, appear to establish a reasonable basis for the accusations. grant anticipatory bail to the petitioner, as it State v. , the Hon'ble AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document CRM-M- 9. offence and the requirement of the custodial interrogation thorough investigation, this Court is of the considered opinion that the petitioner does not deserve the conce milieu of the case in hand. 10. (i) (ii) of opinion upon merits of the case/investigation. (iii) July 20, 202 Ajay -35367-2026 “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well-ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a s 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 offen In view of the gravity of the allegations, offence and the requirement of the custodial interrogation thorough investigation, 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. In view of the prevenient ratiocination, it is ordained thus: The instant petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. 2026 Whether speaking/reasoned: Whether reportable: 8 rce in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In 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-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 method 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.” In view of the gravity of the allegations, the nature of the offence and the requirement of the custodial interrogation for a fair and thorough investigation, this Court is of the considered opinion that the ssion of anticipatory bail in the factual In view of the prevenient ratiocination, it is ordained thus: petition is 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. (SUMEET GOEL) JUDGE Yes/No Yes/No rce in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In uspected 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 the nature of the for a fair and thorough investigation, this Court is of the considered opinion that the ssion of anticipatory bail in the factual petition is devoid of merits and is hereby dismissed. to be an expression AJAY KUMAR 2026.07.20 18:01 I attest to the accuracy and integrity of this document