High Court · 2026

Judgment

1. Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre

registered for offences punishable 2023 in FIR No.183 dated 13.09.2025 registered for offences punishable registered for offences punishable 2023 in FIR No. , 61(2) later on added (403, 420, 380, under Sections 314, 318(4) and 305(a), 61(2) later on added (403, 420, 380, , 61(2) later on added (403, 420, 380, under Sections 120-B IPC 1860) of B IPC 1860) of BNS, 2023 at Police Station Sector 53 Gurugram, BNS, 2023 at Police Station Sector 53 Gurugram, District Gurugram. District Gurugram.

2. As per the prosecution case, the FIR was registered on the basis As per the prosecution case, the FIR was registered on the basis As per the prosecution case, the FIR was registered on the basis of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large- of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large scale financial fraud involving misuse of a digital payment platform scale financial fraud involving misuse of a digital payment platform scale financial fraud involving misuse of a digital payment platform scale financial fraud involving misuse of a digital payment platform rtain registered operated by MobiKwik. It has been alleged that certain registered operated by MobiKwik. It has been alleged that ce operated by MobiKwik. It has been alleged that ce merchants, in connivance with unknown persons, exploited technical merchants, in connivance with unknown persons, exploited technical merchants, in connivance with unknown persons, exploited technical merchants, in connivance with unknown persons, exploited technical loopholes in the system to fraudulently transfer funds exceeding the loopholes in the system to fraudulently transfer funds exceeding the loopholes in the system to fraudulently transfer funds exceeding the loopholes in the system to fraudulently transfer funds exceeding the CRM-M- -12385-2026 2 available wallet balance into their respective bank using QR based and UPI available wallet balance into their respective bank using QR based and UPI available wallet balance into their respective bank using QR based and UPI available wallet balance into their respective bank using QR based and UPI al reconciliation conducted on 12.09.2025, the transactions. During internal reconciliation conducted on 12.09.2025, the al reconciliation conducted on 12.09.2025, the transactions. During intern suspicious transactions resulting in wrongful complainant company detected suspicious transactions resulting in wrongful suspicious transactions resulting in wrongful complainant company detected which may loss allegedly amounting to approximately Rs.40,22,32,210/- which may loss allegedly amounting to approximately Rs.40,22,32,210/ loss allegedly amounting to approximately Rs.40,22,32,210/ ted to further increase upon investigation. The aforesaid acts were stated to further increase upon investigation. The aforesaid acts were sta further increase upon investigation. The aforesaid acts were sta constitute offences of cheating, criminal breach of trust, misappropriation constitute offences of cheating, criminal breach of trust, misappropriation constitute offences of cheating, criminal breach of trust, misappropriation constitute offences of cheating, criminal breach of trust, misappropriation Based on these set of allegations, the instant FIR came to be and conspiracy. Based on these set of allegations, the instant FIR came to be Based on these set of allegations, the instant FIR came to be and conspiracy. registered. registered.

3. Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question petitioner has be as she has no into the FIR in question as she has no direct or indirect involvement in the alleged commission of offence(s). direct or indirect involvement in the alleged commission of offence(s). direct or indirect involvement in the alleged commission of offence(s). direct or indirect involvement in the alleged commission of offence(s). Learned counsel has further iterated counsel has further iterated that the allegations, as levelled in the that the allegations, as levelled in the attribute any specific overt act FIR, are vague, general in nature and do not attribute any specific overt act FIR, are vague, general in nature and do not FIR, are vague, general in nature and do not to the petitioner. It has been further contended that the entire case of the to the petitioner. It has been further contended that the entire case of the to the petitioner. It has been further contended that the entire case of the to the petitioner. It has been further contended that the entire case of the prosecution is based on a presumption i.e. ‘technical loophole’ in the digital prosecution is based on a presumption i.e. ‘technical loophole’ in the digital prosecution is based on a presumption i.e. ‘technical loophole’ in the digital prosecution is based on a presumption i.e. ‘technical loophole’ in the digital nal or payment system of the complainant company and not on any intentional or payment system of the complainant company and not on any intentio payment system of the complainant company and not on any intentio According to learned counsel, fraudulent act committed by the petitioner. According to learned counsel, fraudulent act committed by the petitioner. fraudulent act committed by the petitioner. the alleged transactions has occurred due to system failure or technical the alleged transactions has occurred due to system failure or technical the alleged transactions has occurred due to system failure or technical the alleged transactions has occurred due to system failure or technical glitch and hence the essential ingredients of offences such as cheating, glitch and hence the essential ingredients of offences such as cheating, glitch and hence the essential ingredients of offences such as cheating, glitch and hence the essential ingredients of offences such as cheating, misappropriation or criminal breach of trust are not made out. misappropriation or criminal Learned breach of trust are not made out. Learned counsel has emphasized that the FIR itself suffers from delay inasmuch as counsel has emphasized that the FIR itself suffers from delay inasmuch as counsel has emphasized that the FIR itself suffers from delay inasmuch as counsel has emphasized that the FIR itself suffers from delay inasmuch as the alleged incident came to light on 12.09.2025 whereas the FIR has been the alleged incident came to light on 12.09.2025 whereas the FIR has been the alleged incident came to light on 12.09.2025 whereas the FIR has been the alleged incident came to light on 12.09.2025 whereas the FIR has been neness of registered on 13.09.2025 which casts serious doubts on the genuineness of registered on 13.09.2025 which casts serious doubts on the genui registered on 13.09.2025 which casts serious doubts on the genui The FIR contains vague, bald and unsubstantiated the prosecution story. The FIR contains vague, bald and unsubstantiated The FIR contains vague, bald and unsubstantiated the prosecution story. It has been allegations without attributing any specific role to the petitioner. It has been allegations without attributing any specific role to the petitioner. allegations without attributing any specific role to the petitioner. further submitted that the investigation in the present case is already further submitted that the investigation in the present case is already further submitted that the investigation in the present case is already further submitted that the investigation in the present case is already CRM-M- -12385-2026 3 complete and no recovery is to be effected from the petitioner. complete and no rec Learned overy is to be effected from the petitioner. Learned emphasized that the petitioner is a woman having two minor counsel has emphasized that the petitioner is a woman having two minor emphasized that the petitioner is a woman having two minor counsel has children aged about 3.5 years and 5 years, who are completely dependent children aged about 3.5 years and 5 years, who are completely dependent children aged about 3.5 years and 5 years, who are completely dependent children aged about 3.5 years and 5 years, who are completely dependent arable harm to upon her and her arrest would cause undue hardship and irreparable harm to upon her and her arrest would cause undue hardship and irrep upon her and her arrest would cause undue hardship and irrep there is no need for custodial interrogation of the her family. Furthermore, there is no need for custodial interrogation of the there is no need for custodial interrogation of the her family. Furthermore, her. petitioner as nothing incriminating remains to be recovered from her petitioner as nothing incriminating remains to be recovered from petitioner as nothing incriminating remains to be recovered from Moreover, there is no likelihood of the petitioner absconding from the Moreover, there is no likelihood of the petitioner absconding from the Moreover, there is no likelihood of the petitioner absconding from the Moreover, there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case process of justice or he is tampering with the prosecution evidence in case she is arrest bail. On strength of these submissions, the grant of enlarged on pre-arrest bail. On strength of these submissions, the grant of arrest bail. On strength of these submissions, the grant of enlarged on pre anticipatory bail is entreated for. anticipatory bail is entreated for.

4. Per contra, learned State counsel opposed the grant of , learned State counsel has opposed the grant of petitioner by arguing that the offence committed by anticipatory bail to the petitioner by arguing that the offence committed by petitioner by arguing that the offence committed by anticipatory bail to the Referring to the status report by way of an the petitioner is serious in nature. Referring to the status report by way of an Referring to the status report by way of an the petitioner is serious in nature. affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, present case Gurugram, learned State counsel has submitted that the present case Gurugram, learned State counsel has submitted that Gurugram, learned State counsel has submitted that involves a grave and serious economic offence of a very high magnitude involves a grave and serious economic offence of a very high magnitude involves a grave and serious economic offence of a very high magnitude involves a grave and serious economic offence of a very high magnitude resulting in wrongful loss amounting to several hundred crores to resulting in wrongful loss amounting to several hundred crores to resulting in wrongful loss amounting to several hundred crores to resulting in wrongful loss amounting to several hundred crores to complainant company. The relevant part of the said status report reads thus: complainant company. The relevant part of the said status report reads thus: complainant company. The relevant part of the said status report reads thus: complainant company. The relevant part of the said status report reads thus: “14. Role of the petitioner: That in so far as the role of the petitioner in the commission of the That in so far as the role of the petitioner in the commission of the That in so far as the role of the petitioner in the commission of the present crime is concerned, it is submitted that the petitioner has played present crime is concerned, it is submitted that the petitioner has played present crime is concerned, it is submitted that the petitioner has played an active role in the commission of the present offence, which has been an active role in the commission of the present offence, which has been an active role in the commission of the present offence, which has been rse of investigation. As per the duly established during the course of investigation. As per the duly established during the cou investigation, the petitioner Tabassum, with a dishonest and fraudulent investigation, the petitioner Tabassum, with a dishonest and fraudulent investigation, the petitioner Tabassum, with a dishonest and fraudulent intention, had exploited the technical glitch in the payment system of intention, had exploited the technical glitch in the payment system of intention, had exploited the technical glitch in the payment system of MobiKwik and had unlawfully transferred an amount of Rs.10,79,990/- MobiKwik and had unlawfully transferred an amount of Rs.10,79,990/ MobiKwik and had unlawfully transferred an amount of Rs.10,79,990/ mplainant company’s wallet into her own bank account from the complainant company’s wallet into her own bank account mplainant company’s wallet into her own bank account maintained with HDFC Bank. The petitioner knowingly utilized her maintained with HDFC Bank. The petitioner knowingly utilized her maintained with HDFC Bank. The petitioner knowingly utilized her wallet credentials to receive and siphon off the defrauded funds, despite wallet credentials to receive and siphon off the defrauded funds, despite wallet credentials to receive and siphon off the defrauded funds, despite gful loss having no legal entitlement over the same, thereby causing wrongful loss having no legal entitlement over the same, thereby causing wron CRM-M- -12385-2026 4 to the complainant and corresponding wrongful gain to herself. Her to the complainant and corresponding wrongful gain to herself. Her to the complainant and corresponding wrongful gain to herself. Her conduct reflects active participation in the larger conspiracy of misusing conduct reflects active participation in the larger conspiracy of misusing conduct reflects active participation in the larger conspiracy of misusing the digital payment infrastructure for fraudulent enrichment, and the fact the digital payment infrastructure for fraudulent enrichment, and the fact the digital payment infrastructure for fraudulent enrichment, and the fact mount is still pending. The copy of HDFC that recovery of the duped amount is still pending. The copy of HDFC mount is still pending. The copy of HDFC bank account number 50100354979662 is being appended along with the bank account number 50100354979662 is being appended along with the bank account number 50100354979662 is being appended along with the ” present affidavit as Annexure R1.” in view of the Learned State counsel has further submitted that in view of the Learned State counsel has further submitted that e of financial loss and the seriousness of the allegations, the magnitude of financial loss and the seriousness of the allegations, the magnitud seriousness of the allegations, the magnitud ongoing investigation, the grant of anticipatory bail at this stage would ongoing investigation, the grant of anticipatory bail at this stage would ongoing investigation, the grant of anticipatory bail at this stage would ongoing investigation, the grant of anticipatory bail at this stage would seriously prejudice the prosecution case and may result in the petitioner seriously prejudice the prosecution case and may result in the petitioner seriously prejudice the prosecution case and may result in the petitioner seriously prejudice the prosecution case and may result in the petitioner influencing witnesses or tampering with evidence. Furthermore, the influencing witnesses or tampering with evidence. Furthermore, the influencing witnesses or tampering with evidence. Furthermore, the influencing witnesses or tampering with evidence. Furthermore, the terrogation of the petitioner is imperative to uncover the entire custodial interrogation of the petitioner is imperative to uncover the entire terrogation of the petitioner is imperative to uncover the entire custodial in Considering the seriousness of the conspiracy and the financial trail. Considering the seriousness of the Considering the seriousness of the conspiracy and the financial trail. dismissal of the instant allegations and the stage of investigation, the dismissal of the instant allegations and the stage of investigation allegations and the stage of investigation petition is prayed for. petition is prayed for.

4.1. appearing for the complainant has raised Learned counsel appearing for the complainant has raised appearing for the complainant has raised submissions in tandem with the State counsel. Learned counsel has iterated submissions in tandem with the State counsel. Learned counsel has iterated submissions in tandem with the State counsel. Learned counsel has iterated submissions in tandem with the State counsel. Learned counsel has iterated that the allegations against the petitioner are not simple but disclose a well that the allegations against the petitioner are not simple but disclose a well that the allegations against the petitioner are not simple but disclose a well that the allegations against the petitioner are not simple but disclose a well organized and systematic modus operandi organized and systematic oopholes in a modus operandi wherein technical loopholes in a regulated digital payment platform were deliberately exploited regulated digital payment platform were deliberately exploited regulated digital payment platform were deliberately exploited regulated digital payment platform were deliberately exploited connivance with other accused persons. According to learned counsel, the connivance with other accused persons. According to learned counsel, the connivance with other accused persons. According to learned counsel, the connivance with other accused persons. According to learned counsel, the nature of offence clearly indicates the existence of a larger conspiracy which nature of offence clearly indicates the existence of a larger conspiracy which nature of offence clearly indicates the existence of a larger conspiracy which nature of offence clearly indicates the existence of a larger conspiracy which ation. Accordingly, a prayer has been made for the is still under investigation. Accordingly, a prayer has been made for the ation. Accordingly, a prayer has been made for the is still under investig dismissal of the petition in hand. dismissal of the petition in hand.

5. and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.

6. question, indubitably, As per the case put forth in the FIR in question, indubitably, As per the case put forth in the FIR in . The allegations serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner serious allegations have been levelled against the petitioner CRM-M- -12385-2026 5 contained in the FIR disclose a well-planned and large contained in the FIR disclose a well scale financial fraud planned and large-scale financial fraud prima facie for unlawful gain. The amount involved is substantial which prima facie for unlawful gain. The amount involved is substantial which for unlawful gain. The amount involved is substantial which In the considered icates the seriousness and gravity of the offence. In the considered icates the seriousness and gravity of the offence. indicates the seriousness and gravity of the offence. opinion of this Court, the economic offences of such magnitude cannot be opinion of this Court, the economic offences of such magnitude cannot be opinion of this Court, the economic offences of such magnitude cannot be opinion of this Court, the economic offences of such magnitude cannot be reaching consequences treated at par with ordinary offences as they have far-reaching consequences treated at par with ordinary offences as they have far treated at par with ordinary offences as they have far titioner that the instant case is a result of a on public trust. The plea of the petitioner that the instant case is a result of a titioner that the instant case is a result of a on public trust. The plea of the pe technical glitch does not persuade this Court as such a defence cannot be technical glitch does not persuade this Court as such a defence cannot be technical glitch does not persuade this Court as such a defence cannot be technical glitch does not persuade this Court as such a defence cannot be conclusively examined at this stage. In cases involving digital fraud and conclusively examined at this stage. In cases involving digital fraud and conclusively examined at this stage. In cases involving digital fraud and conclusively examined at this stage. In cases involving digital fraud and sary to unearth conspiracy, the custodial interrogation often becomes necessary to unearth conspiracy, the custodial interrogation often becomes neces conspiracy, the custodial interrogation often becomes neces accused the larger network, trace the flow of funds and identify other co-accused the larger network, trace the flow of funds and identify other co the larger network, trace the flow of funds and identify other co persons. The exact nature and extent of the involvement persons. of the petitioner The exact nature and extent of the involvement of the petitioner of the requires deeper investigation for which custodial interrogation of the requires deeper investigation for which custodial interrogation requires deeper investigation for which custodial interrogation The grant of anticipatory bail at this stage may petitioner may be essential. The grant of anticipatory bail at this stage may The grant of anticipatory bail at this stage may petitioner may be hamper the investigation. hamper the investigation.

7. It is befitting to mention here that while adjudicating the plea It is befitting to mention here that while adjudicating the , particularly in cases concerning cybercrimes and online for grant of bail, particularly in cases concerning cybercrimes and online , particularly in cases concerning cybercrimes and online for grant of bail fraud, a meticulous evaluation of several pivotal factors fraud, a meticulous evalua . The tion of several pivotal factors is necessary. The ty and seriousness of the offence ty and seriousness of the offenc paramount factor is the nature, gravity and seriousness of the offenc paramount factor is the nature, gravi coupled with its potential societal ramifications. The proliferation of online coupled with its potential societal ramifications. The proliferation of online coupled with its potential societal ramifications. The proliferation of online coupled with its potential societal ramifications. The proliferation of online systematically erodes frauds and cybercrimes poses a significant threat, as it systematically erodes frauds and cybercrimes poses a significant threat, as it frauds and cybercrimes poses a significant threat, as it public confidence in digital financial transaction platforms. Such erosion public confidence in digital financial transaction platforms. Such erosion public confidence in digital financial transaction platforms. Such erosion public confidence in digital financial transaction platforms. Such erosion runs counter to the aspirations of an advanced and digitally empowered runs counter to the aspirations of an advanced and digitally empowered runs counter to the aspirations of an advanced and digitally empowered runs counter to the aspirations of an advanced and digitally empowered “Digital Bharat” and thus warrants a heightened degree of judicial “Digital Bharat” and thus warrants a heightened degree of judicial “Digital Bharat” and thus warrants a heightened degree of judicial “Digital Bharat” and thus warrants a heightened degree of judicial es are characterized by their capacity to circumspection. These offences are characterized by their capacity to es are characterized by their capacity to circumspection. Thes aggrieve a multitude of victims simultaneously, often with a single act of aggrieve a multitude of victims simultaneously, often with a single act of aggrieve a multitude of victims simultaneously, often with a single act of aggrieve a multitude of victims simultaneously, often with a single act of commission. The deleterious consequences of cybercrimes transcend commission. The deleterious consequences of cybercrimes transcend commission. The deleterious consequences of cybercrimes transcend commission. The deleterious consequences of cybercrimes transcend CRM-M- -12385-2026 6 The individual boundaries, imperiling numerous unsuspecting citizens. The individual boundaries, imperiling numerous unsuspecting citizens. individual boundaries, imperiling numerous unsuspecting citizens. gravity of such transgressions cannot, therefore, be understated. They not gravity of such transgressions cannot, therefore, be understated. They not gravity of such transgressions cannot, therefore, be understated. They not gravity of such transgressions cannot, therefore, be understated. They not only jeopardize the financial security and trust reposed by individuals in only jeopardize the financial security and trust reposed by individuals in only jeopardize the financial security and trust reposed by individuals in only jeopardize the financial security and trust reposed by individuals in financial payment gateways and platforms but also inherently expose the financial payment gateways and platforms but also inherently expose the financial payment gateways and platforms but also inherently expose the financial payment gateways and platforms but also inherently expose the threats. Indeed, cybercrime in our nation broader populace to analogous threats. Indeed, cybercrime in our nation threats. Indeed, cybercrime in our nation broader populace to analogous insidious, disruptive, and exacting a toll on operates akin to a silent virus — insidious, disruptive, and exacting a toll on insidious, disruptive, and exacting a toll on operates akin to a silent virus society that extends far beyond mere pecuniary loss, encompassing the society that extends far beyond mere pecuniary loss, encompassing the society that extends far beyond mere pecuniary loss, encompassing the society that extends far beyond mere pecuniary loss, encompassing the herent nature bedrock of trust, security, and national progress. Given the inherent nature bedrock of trust, security, and national progress. Given the in bedrock of trust, security, and national progress. Given the in ranging cascading and profound gravity of such offenses and their wide-ranging cascading and profound gravity of such offenses and their wide and profound gravity of such offenses and their wide effects on both society and financial institutions, this Court finds itself effects on both society and financial institutions, this Court finds itself effects on both society and financial institutions, this Court finds itself effects on both society and financial institutions, this Court finds itself disinclined to grant the relief of anticipatory bail as prayed for. To do disinclined to grant the relief of anticipatory bail as prayed for. To do disinclined to grant the relief of anticipatory bail as prayed for. To do disinclined to grant the relief of anticipatory bail as prayed for. To do otherwise would be to turn a Nelson’s eye otherwise would be to reaching Nelson’s eye to the profound and far-reaching detrimental impact of these digital depredations. detrimental impact of these digital depredations. detrimental impact of these digital depredations.

8. plausible cause has been shown, at this Moreover, no cause nay plausible cause has been shown, at this plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely stage, from which it can be deciphered that the petitioner has been falsely stage, from which it can be deciphered that the petitioner has been falsely 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 ed into the present FIR. It goes without saying that in the instant FIR. It goes without saying that in the instant , as emerging from the FIR and the allegations against the petitioner, as emerging from the FIR and the allegations against the petitioner case, the allegations against the petitioner material placed on record, are that she is one of the beneficiaries and active material placed on record, are that she is one of the beneficiaries and active material placed on record, are that she is one of the beneficiaries and active material placed on record, are that she is one of the beneficiaries and active nsactions carried out through the digital participants in the fraudulent transactions carried out through the digital nsactions carried out through the digital participants in the fraudulent tra petitioner, payment platform of the complainant company. Furthermore, the petitioner, payment platform of the complainant company. payment platform of the complainant company. accused, knowingly exploited technical in connivance with other co-accused, knowingly exploited technical accused, knowingly exploited technical in connivance with other co unauthorized loopholes in the system to initiate and process multiple unauthorized loopholes in the system to initiate and process multiple loopholes in the system to initiate and process multiple nsactions whereby funds in excess of the permissible wallet balance were transactions whereby funds in excess of the permissible wallet balance were nsactions whereby funds in excess of the permissible wallet balance were nsactions whereby funds in excess of the permissible wallet balance were fraudulently transferred into the bank account linked with the petitioner and fraudulently transferred into the bank account linked with the petitioner and fraudulently transferred into the bank account linked with the petitioner and fraudulently transferred into the bank account linked with the petitioner and other accused persons. The investigation is at nascent stage. other accused persons. It is befitting to The investigation is at nascent stage. It is befitting to mention here that while considering a plea for mention here that while grant of anticipatory bail, the considering a plea for grant of anticipatory bail, the CRM-M- -12385-2026 7 Court has to equilibrate between safeguarding individual rights and Court has to equilibrate between safeguarding individual rights and Court has to equilibrate between safeguarding individual rights and Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude protecting societal interests. The Court ought to reckon with the magnitude protecting societal interests. The Court ought to reckon with the magnitude protecting societal interests. The Court ought to reckon with the magnitude cused; the need for fair and nature of the offence; the role attributed to the accused; the need for fair and nature of the offence; the role attributed to the ac and nature of the offence; the role attributed to the ac and free investigation as also the deeper and wide impact of such alleged and free investigation as also the deeper and wide impact of such alleged and free investigation as also the deeper and wide impact of such alleged 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 iniquities on the society. At this stage, there is no material on record to hold iniquities on the society. At this stage, there is no material on record to hold iniquities on the society. At this stage, there is no material on record to hold that prima facie case is not made out against the petitioner. The material prima facie case is not made out against the petitioner. The material case is not made out against the petitioner. The material hich has come on record and preliminary investigation, appear to be which has come on record and preliminary investigation, appear to be hich has come on record and preliminary investigation, appear to be hich has come on record and preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate established a reasonable basis for the accusations. Thus, it is not appropriate established a reasonable basis for the accusations. Thus, it is not appropriate established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause to grant anticipatory bail to the petitioner, as it would necessarily cause to grant anticipatory bail to the petitioner, as it would necessarily cause to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In impediment in effective investig State v. Anil Sharma, (1997) 7 ation. In State v. Anil Sharma, (1997) 7 , the Hon'ble Supreme Court held as under : SCC 187 : 1997 SCC (Cri) 1039, the Hon'ble Supreme Court held as under : , the Hon'ble Supreme Court held as under : SCC 187 : 1997 SCC (Cri) 1039 (SCC p. 189, para 6) (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is “6. We find force in the submission of CBI that custodial interrogation is “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In well-ensconced with a favourable order under Section 438 of the Code. In ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of a case like this, effective interrogation of a suspected person is of a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also tremendous advantage in disinterring many useful informations and also tremendous advantage in disinterring many useful informations and also ch would have been concealed. Success materials which would have been concealed. Success ch would have been concealed. Success in such in such in such interrogation would elude if the suspected person knows that he is well interrogation would elude if the suspected person knows that he is well interrogation would elude if the suspected person knows that he is well arrest bail order during the time he is protected and insulated by a pre-arrest bail order during the time he is protected and insulated by a pre reduce to interrogated. Very often interrogation in such a condition would reduce to interrogated. Very often interrogation in such a condition would a mere ritual. The argument that the custodial interrogation is fraught a mere ritual. The argument that the custodial interrogation is fraught a mere ritual. The argument that the custodial interrogation is fraught degree methods with the danger of the person being subjected to third-degree methods with the danger of the person being subjected to third need not be countenanced, for, such an argument can be advanced by all need not be countenanced, for, such an argument can be advanced by all need not be countenanced, for, such an argument can be advanced by all e Court has to presume that responsible accused in all criminal cases. The Court has to presume that responsible accused in all criminal cases. Th police officers would conduct themselves in task of disintering offences police officers would conduct themselves in task of disintering offences police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” would not conduct themselves as offenders.

9. the nature of the In view of the gravity of the allegations, the nature of the In view of the gravity of the allegations, offence and the requirement of the custodial interrogation offence and the requirement of the for a fair and custodial interrogation for a fair and thorough investigation, this Court is of the considered opinion that the thorough investigation, this Court is of the considered opinion that the thorough investigation, this Court is of the considered opinion that the thorough investigation, this Court is of the considered opinion that the CRM-M- -12385-2026 8 petitioner does not deserve the concession of anticipatory bail in the factual petitioner does not deserve the concession of anticipatory bail in the factual petitioner does not deserve the concession of anticipatory bail in the factual petitioner does not deserve the concession of anticipatory bail in the factual of the case in hand. milieu of the case in hand.

10. (i) (ii) In view of the prevenient ratiocination, it is ordained thus: In view of the prevenient rati petition is devoid of merits and is hereby dismissed. The instant petition is devoid of merits and is hereby dismissed. petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression Nothing said hereinabove shall be deemed to be an expression Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. of opinion upon merits of the case/investigation. of opinion upon merits of the case/investigation. (iii) y, shall also stand disposed off. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE April 20, Ajay 2026 Whether speaking/reasoned: Whether reportable: Yes/No Yes/No