Chander Prakash v. State of Haryana
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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 2023 in FIR No.63 dated 20.09.2025 registered for offences punishable 2023 in FIR No.63 dated 20.09.2025 registered for offences punishable 2023 in FIR No.63 dated 20.09.2025 registered for offences punishable 2023 in FIR No.63 dated 20.09.2025 registered for offences punishable under Sections 318(4), 319(2), 61(2), 3(5), 241 under Sections 318(4), 319 ; Sections (2), 3(5), 241 of the BNS, 2023; Sections 66-C, 66- and Sections 42(3) D, 75 of Information of Technology Act, 2000 and Sections 42(3) -D, 75 of Information of Technology Act, 20 he Telecommunications Act, 2023 at Police Station Cyber Crime of The Telecommunications Act, 2023 at Police Station Cyber Crime he Telecommunications Act, 2023 at Police Station Cyber Crime he Telecommunications Act, 2023 at Police Station Cyber Crime Kurukshetra. Kurukshetra.
As per the prosecution case, the FIR came to be registered on As per the prosecution case, the FIR came to be registered on As per the prosecution case, the FIR came to be registered on the basis of a complaint made by ASI Isham Singh No. 23 the basis of a complaint made by , who stated that ASI Isham Singh No. 23, who stated that on 19.09.2025
19.09.2025, while he was on duty at the police station, he received secret , while he was on duty at the police station, he received secret that an illegal call centre was being operated on the first floor information that an illegal call centre was being operated on the first floor that an illegal call centre was being operated on the first floor information Indri Road. Baker’s Lounge, near the Central Bank of India, Ladwa–Indri Road Baker’s Lounge, near the Central Bank of India, Ladwa above Baker’s Lounge, near the Central Bank of India, Ladwa It was further alleged that the said call centre was engaged in It was further alleged that the said call cheating and centre was engaged in cheating and and that if a raid was defrauding individuals both within India and abroad and that if a raid was defrauding individuals both within India and abroad defrauding individuals both within India and abroad CRM-M- -14550-2026 2 conducted, the culprits could be apprehended in the act. Acting upon the conducted, the culprits could be apprehended in the act. Acting upon the conducted, the culprits could be apprehended in the act. Acting upon the conducted, the culprits could be apprehended in the act. Acting upon the said information, a raiding party was constituted said information, a raiding party was constituted and a raid was carried out at the premises in question wherein eleven individuals at the premises eleven individuals were allegedly found engaged in fraudulent calls to foreign nationals engaged in fraudulent using software applications foreign nationals using software applications such as EyeBeam and Zoiper the course of the raid, one of the EyeBeam and Zoiper. During the course of the raid, one of the the course of the raid, one of the Malhotra, disclosed that all eleven individuals persons present namely Rohit Malhotra, disclosed that all eleven individuals Malhotra, disclosed that all eleven individuals persons present namely Rohit were employed at the call centre and the same was being operated by one were employed at the call centre and the same was being operated by one were employed at the call centre and the same was being operated by one were employed at the call centre and the same was being operated by one , who had taken the premises on rent and Nikhil, a resident of Delhi, who had taken the premises on rent and , who had taken the premises on rent and Nikhil, a resident of Delhi employed the aforementioned boys to execute the fraudulent operation. employed the aforementioned boys to execute the fraudulent operatio employed the aforementioned boys to execute the fraudulent operatio n. It the employees used was further disclosed that under the directions of Nikhil, the employees used was further disclosed that under the directions of was further disclosed that under the directions of to obtain personal and banking details of victims by falsely informing them obtain personal and banking details of victims by falsely informing them details of victims by falsely informing them that narcotic substances had been found in their parcels and thereafter such that narcotic substances had been found in their parcels and thereafter such that narcotic substances had been found in their parcels and thereafter such that narcotic substances had been found in their parcels and thereafter such information was used to commit cyber fraud. information was use Based on these allegations, the d to commit cyber fraud. Based on these allegations, the present FIR was registered and investigation ensued. present FIR was registered and investigation ensued. present FIR was registered and investigation ensued.
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 as he is not petitioner has been falsely implicated into the FIR in question as he is not petitioner has been falsely implicated into the FIR in question petitioner has been falsely implicated into the FIR in question Learned counsel has further iterated that no direct role named in the FIR. Learned counsel has further iterated that no direct role Learned counsel has further iterated that no direct role named in the FIR has been ascribed to the petitioner and his alleged involvement is solely has been ascribed to the petitioner and his alleged involvement is solely has been ascribed to the petitioner and his alleged involvement is solely has been ascribed to the petitioner and his alleged involvement is solely accused, which is inadmissible in based upon the disclosure statement of co-accused, which is inadmissible in based upon the disclosure statement of co based upon the disclosure statement of co s been further contended that no independent victim has been evidence. It has been further contended that no independent victim has been s been further contended that no independent victim has been evidence. It ha identified; no specific transaction has been attributed to the petitioner and no identified; no specific transaction has been attributed to the petitioner and no identified; no specific transaction has been attributed to the petitioner and no identified; no specific transaction has been attributed to the petitioner and no recovery has been effected from the petitioner. Learned counsel has recovery has been effected from the petitioner. Learned counsel has recovery has been effected from the petitioner. Learned counsel has recovery has been effected from the petitioner. Learned counsel has petitioner have been emphasized that even the bank accounts of the petitioner have been emphasized that even the bank accounts of the emphasized that even the bank accounts of the frozen after no suspicious transactions were found. investigated and later de-frozen after no suspicious transactions were found. frozen after no suspicious transactions were found. investigated and later de there is no material on record to show that the According to learned counsel, there is no material on record to show that the there is no material on record to show that the According to learned counsel, CRM-M- -14550-2026 3 any connection petitioner has been operating the alleged call centre or has any connection petitioner has been operating the alleged call centre or has petitioner has been operating the alleged call centre or has whatsoever day functioning of the said call centre. hatsoever with the day – to-day functioning of the said call centre. day functioning of the said call centre. there exists no evidence either in the form of financial Furthermore, there exists no evidence either in the form of financial there exists no evidence either in the form of financial Furthermore, transactions or call details to establish any nexus between the petitioner and transactions or call details to establish any nexus between the petitioner and transactions or call details to establish any nexus between the petitioner and transactions or call details to establish any nexus between the petitioner and the co-accused over, the FIR does not allege any act accused –– Nikhil Sapra. Moreover, the FIR does not allege any act over, the FIR does not allege any act Learned counsel has of fraud, inducement or cheating by the petitioner. Learned counsel has of fraud, inducement or cheating by the petitioner. of fraud, inducement or cheating by the petitioner. emphasized that the role attributed to the petitioner is limited and similar to emphasized that the role attributed to the petitioner is limited and similar to emphasized that the role attributed to the petitioner is limited and similar to emphasized that the role attributed to the petitioner is limited and similar to that of other co-accused who have already been granted the conces that of other co sion of accused who have already been granted the concession of bail by the competent Courts and therefore, on the principle of parity, the bail by the competent Courts and therefore, on the principle of parity, the bail by the competent Courts and therefore, on the principle of parity, the bail by the competent Courts and therefore, on the principle of parity, the petitioner is also entitled to the same relief. It has been further contended petitioner is also entitled to the same relief. It has been further contended petitioner is also entitled to the same relief. It has been further contended petitioner is also entitled to the same relief. It has been further contended that there is no need for custodial interrogation of the petitioner as nothing that there is no need for custodial interrogation of the petitioner as nothing that there is no need for custodial interrogation of the petitioner as nothing that there is no need for custodial interrogation of the petitioner as nothing remains to be recovered from him. Moreover, there is no incriminating remains to be recovered from him. Moreover, there is no remains to be recovered from him. Moreover, there is no incriminating likelihood of the petitioner absconding from the process of justice or likelihood of the petitioner absconding from the process of justice or likelihood of the petitioner absconding from the process of justice or likelihood of the petitioner absconding from the process of justice or arrest tampering with the prosecution evidence in case he is enlarged on pre-arrest tampering with the prosecution evidence in case he is enlarged on pre tampering with the prosecution evidence in case he is enlarged on pre f anticipatory bail is bail. On strength of these submissions, the grant of anticipatory bail is bail. On strength of these submissions, the grant o bail. On strength of these submissions, the grant o entreated for. entreated for.
4. Per contra, learned State counsel has the grant of learned State counsel has opposed the grant of anticipatory bail to the petitioner by contending that the allegations in the anticipatory bail to the petitioner by contending that the allegations in the anticipatory bail to the petitioner by contending that the allegations in the anticipatory bail to the petitioner by contending that the allegations in the present case are grave and serious in nature present case are scale cyber grave and serious in nature involving a large-scale cyber fraud operation aud operation targeting innocent persons both in India abroad. targeting innocent persons both in India as well as abroad. Learned State counsel has iterated that the investigation conducted so far Learned State counsel has iterated that the investigation conducted so far Learned State counsel has iterated that the investigation conducted so far Learned State counsel has iterated that the investigation conducted so far accused, was has revealed that the petitioner, in connivance with other co-accused, was has revealed that the petitioner, in connivance with other co has revealed that the petitioner, in connivance with other co al call centre whereby personal and banking instrumental in running an illegal call centre whereby personal and banking al call centre whereby personal and banking instrumental in running an illeg narcotic credentials have been procured from victims by falsely alleging that narcotic credentials have been procured from victims credentials have been procured from victims sent in their names thereby substances had been recovered from parcels sent in their names thereby substances had been recovered from parcels substances had been recovered from parcels CRM-M- -14550-2026 4 committing organized cheating and cybercrime committing It has been further cheating and cybercrime. It has been further during the course of investigation, the role of the petitioner submitted that during the course of investigation, the role of the petitioner during the course of investigation, the role of the petitioner submitted that has surfaced as a key conspirator who was involved in the planning, has surfaced as a key conspirator who was involved in the planning, has surfaced as a key conspirator who was involved in the planning, has surfaced as a key conspirator who was involved in the planning, execution and supervision of the illegal activities being carried out through execution and supervision of the illegal activities being carried out through execution and supervision of the illegal activities being carried out through execution and supervision of the illegal activities being carried out through Furthermore, the petitioner has deliberately evaded the said call centre. Furthermore, the petitioner has deliberately evaded Furthermore, the petitioner has deliberately evaded the said cal joining the investigation and has not cooperated with the investigating joining the investigation and has not cooperated with the investigating joining the investigation and has not cooperated with the investigating joining the investigation and has not cooperated with the investigating agency despite the issuance of non-bailable warrants. agency despite the issuance of non It has been further bailable warrants. It has been further he petitioner is necessary for contended that the custodial interrogation of the petitioner is necessary for contended that the custodial interrogation of t contended that the custodial interrogation of t the purpose of unearthing the complete modus operandi the purpose of unearthing the complete , identifying other modus operandi, identifying other Considering the accused and to effect the recovery of money. Considering the accused and to effect the recovery of money. co-accused and to effect the recovery of money. dismissal of seriousness of the allegations and the stage of investigation, the dismissal of seriousness of the allegations and the stage of investigation seriousness of the allegations and the stage of investigation the petition ition in hand is prayed for.
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. As per the case put forth in the FIR in question, indubitably, As per the case put forth in the FIR in question, indubitably, As per the case put forth in the FIR in question, indubitably, Upon serious allegations have been levelled against the petitioner. Upon serious allegations have been levelled again serious allegations have been levelled again scale cyber fraud consideration of the record, it appears that a large-scale cyber fraud consideration of the record, it appears that consideration of the record, it appears that . The material collected during the course of investigation prima . The material collected during the course of investigation operation. The material collected during the course of investigation indicates that the call centre in question was engaged in deceiving facie indicates that the call centre in question was engaged in deceiving indicates that the call centre in question was engaged in deceiving indicates that the call centre in question was engaged in deceiving , particularly foreign nationals, by falsely informing them about individuals, particularly foreign nationals, by falsely informing them about , particularly foreign nationals, by falsely informing them about individuals the alleged illegal consignments in their names and thereafter induced them the alleged illegal consignments in their names and thereafter induced them the alleged illegal consignments in their names and thereafter induced them the alleged illegal consignments in their names and thereafter induced them It is well settled that at the to part with personal and financial information. It is well settled that at the to part with personal and financial information. to part with personal and financial information. r grant of anticipatory bail, the Court is not stage of consideration of plea for grant of anticipatory bail, the Court is not r grant of anticipatory bail, the Court is not stage of consideration of plea fo required to assess the evidence in details but only to determine whether the required to assess the evidence in details but only to determine whether the required to assess the evidence in details but only to determine whether the required to assess the evidence in details but only to determine whether the allegations are prima facie made out or not allegations are Though the petitioner is not made out or not. Though the petitioner is not CRM-M- -14550-2026 5 rse of investigation named in the FIR but his role has surfaced during the course of investigation named in the FIR but his role has surfaced during the cou named in the FIR but his role has surfaced during the cou accused and other circumstantial material. As per through statements of co-accused and other circumstantial material. As per accused and other circumstantial material. As per through statements of co the prosecution, the petitioner is alleged to be one of the persons who was the prosecution, the petitioner is alleged to be one of the persons who was the prosecution, the petitioner is alleged to be one of the persons who was the prosecution, the petitioner is alleged to be one of the persons who was involved in the larger conspiracy behind the establishment and functioning involved in the larger conspiracy behind the establishment and functioning involved in the larger conspiracy behind the establishment and functioning involved in the larger conspiracy behind the establishment and functioning of the call centre in question. This fact, coupled with other circumstances all centre in question. This fact, coupled with other circumstances This fact, coupled with other circumstances of the detailed in the investigation, points towards the active complicity of the detailed in the investigation, points towards detailed in the investigation, points towards At this stage, it cannot be conclusively held petitioner in the alleged offence. At this stage, it cannot be conclusively held At this stage, it cannot be conclusively held petitioner lvement merely on the ground that he was not that the petitioner has no involvement merely on the ground that he was not lvement merely on the ground that he was not that the petitioner has no invo named in the FIR or no direct recovery has been effected from him. The named in the FIR or no direct recovery has been effected from him. The named in the FIR or no direct recovery has been effected from him. The named in the FIR or no direct recovery has been effected from him. The investigation is still in progress and the alleged role of the petitioner is yet to investigation is still in progress and the alleged role of the petitioner is yet to investigation is still in progress and the alleged role of the petitioner is yet to investigation is still in progress and the alleged role of the petitioner is yet to so does not persuade be fully unearthed. Furthermore, the plea of parity also does not persuade be fully unearthed. Furthermore, the plea of parity al be fully unearthed. Furthermore, the plea of parity al this Court to take a different view. In the considered opinion of this Court, this Court to take a different view. In the considered opinion of this Court, this Court to take a different view. In the considered opinion of this Court, this Court to take a different view. In the considered opinion of this Court, the principle of parity cannot be claimed as a matter of right and must be the principle of parity cannot be claimed as a matter of right and must be the principle of parity cannot be claimed as a matter of right and must be the principle of parity cannot be claimed as a matter of right and must be examined in the light of the role attributed and overall circumstances of examined in the light of the role attributed and overall circumstances of examined in the light of the role attributed and overall circumstances of examined in the light of the role attributed and overall circumstances of used. The petitioner stands on a different footing and therefore, the each accused. The petitioner stands on a different footing and therefore, the used. The petitioner stands on a different footing and therefore, the used. The petitioner stands on a different footing and therefore, the accused does not automatically bestow any right or entitle grant of bail to co-accused does not automatically bestow any right or entitle accused does not automatically bestow any right or entitle grant of bail to co him to the same relief. The principle of parity cannot be applied in a him to the same relief. The principle of parity cannot be applied in a him to the same relief. The principle of parity cannot be applied in a him to the same relief. The principle of parity cannot be applied in a mechanical manner, particularly mechanical manner, particularly in cases involving conspiracy and involving conspiracy and involving conspiracy and organised criminal activity. Therefore, the order granting bail to other organised criminal activity. Therefore, the order granting bail to other organised criminal activity. Therefore, the order granting bail to other organised criminal activity. Therefore, the order granting bail to other accused persons neither confer any right nor be considered as a accused persons neither confer any right nor be considered as a accused persons neither confer any right nor be considered as a accused persons neither confer any right nor be considered as a The police have further relevant/determinative factor to claim regular bail. The police have further relevant/determinative factor to claim regular bail. relevant/determinative factor to claim regular bail. asserted that the custodial interrogation of the petitioner asserted th is indispensable for of the petitioner is indispensable for of the accused the purpose of effectively unraveling the modus operandi of the accused the purpose of effectively unraveling the the purpose of effectively unraveling the persons and and identifying the broader nexus involved in the fraud The nature identifying the broader nexus involved in the fraud. The nature organized cybercrime and financial and gravity of the offence, involving organized cybercrime and financial organized cybercrime and financial and gravity of the offence, involving CRM-M- -14550-2026 6 deceit, necessitate a thorough investigation, which, at this stage, cannot be deceit, necessitate a thorough investigation, which, at this stage, cannot be deceit, necessitate a thorough investigation, which, at this stage, cannot be deceit, necessitate a thorough investigation, which, at this stage, cannot be conducted without the petitioner being in custody. conducted without the The act, whether done being in custody. The act, whether done knowingly or unknowingly, enable the commission of cyber fraud and the knowingly or unknowingly, enable the commission of cyber fraud and the knowingly or unknowingly, enable the commission of cyber fraud and the knowingly or unknowingly, enable the commission of cyber fraud and the same cannot be brushed aside as wholly unreliable and as such the grant of same cannot be brushed aside as wholly unreliable and as such the grant of same cannot be brushed aside as wholly unreliable and as such the grant of same cannot be brushed aside as wholly unreliable and as such the grant of anticipatory bail to the petitioner, at this stage, would hamper the on-going anticipatory bail to the petitioner, at this stage, would hamper the on anticipatory bail to the petitioner, at this stage, would hamper the on investigation. investigation.
7. It is befitting to mention here that while adjudicating the bail It is befitting to mention here that while adjudicating the arly in cases concerning cybercrimes and online fraud, pleas, particularly in cases concerning cybercrimes and online fraud, arly in cases concerning cybercrimes and online fraud, pleas, particul necessitates a meticulous evaluation of several pivotal factors. Paramount necessitates a meticulous evaluation of several pivotal factors. Paramount necessitates a meticulous evaluation of several pivotal factors. Paramount necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offense, coupled among these is the inherent gravity and seriousness of the offense, coupled among these is the inherent gravity and seriousness of the offense, coupled among these is the inherent gravity and seriousness of the offense, coupled liferation of online frauds with its potential societal ramifications. The proliferation of online frauds with its potential societal ramifications. The pro with its potential societal ramifications. The pro and cybercrimes poses a significant threat, as it systematically erodes public and cybercrimes poses a significant threat, as it systematically erodes public and cybercrimes poses a significant threat, as it systematically erodes public and cybercrimes poses a significant threat, as it systematically erodes public confidence in digital financial transaction platforms. Such erosion runs confidence in digital financial transaction platforms. Such erosion runs confidence in digital financial transaction platforms. Such erosion runs confidence in digital financial transaction platforms. Such erosion runs counter to the aspirations of an advanced and digitally empowered “Digital counter to the aspirations of an advanced and digitally empowered “Digital counter to the aspirations of an advanced and digitally empowered “Digital counter to the aspirations of an advanced and digitally empowered “Digital harat” and thus warrants a heightened degree of judicial circumspection. Bharat” and thus warrants a heightened degree of judicial circumspection. harat” and thus warrants a heightened degree of judicial circumspection. harat” and thus warrants a heightened degree of judicial circumspection. These offenses are characterized by their capacity to aggrieve a multitude of These offenses are characterized by their capacity to aggrieve a multitude of These offenses are characterized by their capacity to aggrieve a multitude of These offenses are characterized by their capacity to aggrieve a multitude of victims simultaneously, often with a single act of commission. The victims simultaneously, often with a single act of commission. The victims simultaneously, often with a single act of commission. The victims simultaneously, often with a single act of commission. The s transcend individual boundaries, deleterious consequences of cybercrimes transcend individual boundaries, s transcend individual boundaries, deleterious consequences of cybercrime imperiling numerous unsuspecting citizens. The gravity of such imperiling numerous unsuspecting citizens. The gravity of such imperiling numerous unsuspecting citizens. The gravity of such imperiling numerous unsuspecting citizens. The gravity of such transgressions cannot, therefore, be understated. They not only jeopardize transgressions cannot, therefore, be understated. They not only jeopardize transgressions cannot, therefore, be understated. They not only jeopardize transgressions cannot, therefore, be understated. They not only jeopardize the financial security and trust reposed by individuals in financial payment the financial security and trust reposed by individuals in financial payment the financial security and trust reposed by individuals in financial payment the financial security and trust reposed by individuals in financial payment ys and platforms but also inherently expose the broader populace to gateways and platforms but also inherently expose the broader populace to ys and platforms but also inherently expose the broader populace to ys and platforms but also inherently expose the broader populace to analogous threats. Indeed, cybercrime in our nation operates akin to a silent analogous threats. Indeed, cybercrime in our nation operates akin to a silent analogous threats. Indeed, cybercrime in our nation operates akin to a silent analogous threats. Indeed, cybercrime in our nation operates akin to a silent insidious, disruptive, and exacting a toll on society that extends far virus — insidious, disruptive, and exacting a toll on society that extends far insidious, disruptive, and exacting a toll on society that extends far insidious, disruptive, and exacting a toll on society that extends far ompassing the bedrock of trust, security, beyond mere pecuniary loss, encompassing the bedrock of trust, security, ompassing the bedrock of trust, security, beyond mere pecuniary loss, enc CRM-M- -14550-2026 7 and national progress. Given the inherent nature and profound gravity of and national progress. Given the inherent nature and profound gravity of and national progress. Given the inherent nature and profound gravity of and national progress. Given the inherent nature and profound gravity of ranging cascading effects on both society and such offenses, and their wide-ranging cascading effects on both society and ranging cascading effects on both society and such offenses, and their wide ant the relief of financial institutions, this Court finds itself disinclined to grant the relief of financial institutions, this Court finds itself disinclined to gr financial institutions, this Court finds itself disinclined to gr Nelson’s anticipatory bail as prayed for. To do otherwise would be to turn a Nelson’s anticipatory bail as prayed for. To do otherwise would be to turn a anticipatory bail as prayed for. To do otherwise would be to turn a eye to the profound and far reaching detrimental impact of these digital to the profound and far-reaching detrimental impact of these digital reaching detrimental impact of these digital depredations. At this stage, there is no material on record to hold that depredations. At this stage, there is no material on record to hold that prima The material which has case is not made out against the petitioner. The material which has case is not made out against the petitioner. facie case is not made out against the petitioner. come on record and preliminary investigation, appear to be established a come on record and preliminary investigation, appear to be established a come on record and preliminary investigation, appear to be established a come on record and preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant reasonable basis for the accusations. Thus, it is not appropriate to grant reasonable basis for the accusations. Thus, it is not appropriate to grant reasonable basis for the accusations. Thus, it is not appropriate to grant it would necessarily cause impediment anticipatory bail to the petitioner, as it would necessarily cause impediment it would necessarily cause impediment anticipatory bail to the petitioner, as in effective investigation. in effective investigation.
8. Cyber fraud coordinated by multiple individuals, is a serious Cyber fraud coordinated by multiple individuals, is a serious Cyber fraud coordinated by multiple individuals, is a serious reaching consequences. The actions of the petitioner offence with far-reaching consequences. The actions of the petitioner reaching consequences. The actions of the petitioner offence with far hat was exploited to commit directly contribute to creating an infrastructure that was exploited to commit directly contribute to creating an infrastructure t directly contribute to creating an infrastructure t fraud. The contention of the petitioner of false implication cannot fraud. The contention of the petitioner of false implication cannot fraud. The contention of the petitioner of false implication cannot fraud. The contention of the petitioner of false implication cannot overshadow the specific allegations in the present FIR. The weightage and overshadow the specific allegations in the present FIR. The weightage and overshadow the specific allegations in the present FIR. The weightage and overshadow the specific allegations in the present FIR. The weightage and veracity of such defence can only be tested at the trial and not at the stage of veracity of such defence can only be tested at the trial and not at the stage of veracity of such defence can only be tested at the trial and not at the stage of veracity of such defence can only be tested at the trial and not at the stage of consideration of pre arrest bail. The investigation is at a crucial stage. In sideration of pre-arrest bail. The investigation is at a crucial stage. In arrest bail. The investigation is at a crucial stage. In the considered opinion of this Court, the offence of this nature is serious for the considered opinion of this Court, the offence of this nature is serious for the considered opinion of this Court, the offence of this nature is serious for the considered opinion of this Court, the offence of this nature is serious for which custodial interrogation of the petitioner may be necessary to which custodial interrogation of the petitioner may be necessary to which custodial interrogation of the petitioner may be necessary to which custodial interrogation of the petitioner may be necessary to wledge regarding the fraudulent scheme determine the extent of his knowledge regarding the fraudulent scheme wledge regarding the fraudulent scheme determine the extent of his kno accused whether he was aware of the misuse and the identities of other co-accused whether he was aware of the misuse and the identities of other co whether he was aware of the misuse and the identities of other co who may have facilitated the offence. In the considered opinion of this who may have facilitated the offence. In the considered opinion of this who may have facilitated the offence. In the considered opinion of this who may have facilitated the offence. In the considered opinion of this Court, granting anticipatory bail at this stage may likely to hamper the Court, granting anticipatory bail at this stage may likely to hamper t Court, granting anticipatory bail at this stage may likely to hamper t Court, granting anticipatory bail at this stage may likely to hamper t ongoing investigation. ongoing investigation. CRM-M- -14550-2026 8
9. 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 It is befitting to mention here that while implicated into the present FIR. It is befitting to mention here that while It is befitting to mention here that while implicated into the present considering a plea for grant of anticipatory bail, the Court has to equilibrate ing a plea for grant of anticipatory bail, the Court has to equilibrate grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role Court ought to reckon with the magnitude and nature of the offence; the role Court ought to reckon with the magnitude and nature of the offence; the role Court ought to reckon with the magnitude and nature of the offence; the role e need for fair and free investigation as also the attributed to the accused; the need for fair and free investigation as also the e need for fair and free investigation as also the attributed to the accused; th deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this case is not stage, there is no material on record to hold that prima facie case is not stage, there is no material on record to hold that stage, there is no material on record to hold that come on record and made out against the petitioner. The material which has come on record and made out against the petitioner. The material which has made out against the petitioner. The material which has preliminary investigation, appear to be established a reasonable basis for the preliminary investigation, appear to be established a reasonable basis for the preliminary investigation, appear to be established a reasonable basis for the preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as petitioner, as petitioner, as petitioner, as it would necessarily cause it would necessarily cause it would necessarily cause it would necessarily cause impediment impediment impediment impediment in effective in effective in effective in effective