Judgment · 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

2023 in FIR No.325 dated 29.08.2024 registered for offences punishable 2023 in FIR No.325 dated 29.08.2024 registered for offences punishable 2023 in FIR No.325 dated 29.08.2024 registered for offences punishable 2023 in FIR No.325 dated 29.08.2024 registered for offences punishable under Sections 420 of IPC at Police Station Rajendra Park, Gurugram. under Sections 420 of IPC at Police Station Rajendra Park, Gur under Sections 420 of IPC at Police Station Rajendra Park, Gur

#2. As per the prosecution case, the complainants had purchased As per the prosecution case, the complainants had purchased As per the prosecution case, the complainants had purchased land measuring 990 square yards situated in Village Daultabad, Gurugram land measuring 990 square yards situated in Village Daultabad, Gurugram land measuring 990 square yards situated in Village Daultabad, Gurugram land measuring 990 square yards situated in Village Daultabad, Gurugram or a consideration of through a registered sale deed dated 27.02.2019 for a consideration of through a registered sale deed dated 27.02.2019 f through a registered sale deed dated 27.02.2019 f approximately ₹1.96 crores along with stamp duty and registration charges. rores along with stamp duty and registration charges. rores along with stamp duty and registration charges. approximately It has been alleged that the petitioner namely Ashwani Sharma, along with It has been alleged that the petitioner namely Ashwani Sharma, along with It has been alleged that the petitioner namely Ashwani Sharma, along with It has been alleged that the petitioner namely Ashwani Sharma, along with his sons, represented to the complainants that the property was free from all his sons, represented to the complainants that the property was free from all his sons, represented to the complainants that the property was free from all his sons, represented to the complainants that the property was free from all ances, disputes and litigation. Acting upon such representations, the encumbrances, disputes and litigation. Acting upon such representations, the ances, disputes and litigation. Acting upon such representations, the ances, disputes and litigation. Acting upon such representations, the complainants purchased the property and the mutation was subsequently complainants purchased the property and the mutation was subsequently complainants purchased the property and the mutation was subsequently complainants purchased the property and the mutation was subsequently sanctioned in their favour. Later, the complainants came to know about a sanctioned in their favour. Later, the complainants came to know about a sanctioned in their favour. Later, the complainants came to know about a sanctioned in their favour. Later, the complainants came to know about a CRM-M- -31734-2026 2 by the Civil Court whereby judgment and decree dated 17.10.2022 passed by the Civil Court whereby judgment and decree dated 17.10.2022 passed judgment and decree dated 17.10.2022 passed Mutation Nos.19141 and 19266, on the basis of which the petitioner had Mutation Nos.19141 and 19266, on the basis of which the petitioner had Mutation Nos.19141 and 19266, on the basis of which the petitioner had Mutation Nos.19141 and 19266, on the basis of which the petitioner had claimed the ownership, were declared illegal, null and void. On the basis of the ownership, were declared illegal, null and void. On the basis of ownership, were declared illegal, null and void. On the basis of alleged that the petitioner and his sons had these allegations, it was alleged that the petitioner and his sons had alleged that the petitioner and his sons had these allegations, it dishonestly induced induced induced induced the complainants the complainants the complainants the complainants to purchase to purchase to purchase to purchase the property by the property by the property by the property by material facts and thereby caused wrongful gain to concealing the material facts and thereby caused wrongful gain to material facts and thereby caused wrongful gain to concealing On these set of allegations, the FIR in question came to be themselves. On these set of allegations, the FIR in question came to be On these set of allegations, the FIR in question came to be themselves. registered and investigation ensued. registered and investigation ensued.

#3. the petitioner has iterated that the Learned counsel for the petitioner has iterated that the the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question petitioner dispute to the FIR in question as the dispute is purely civil in nature which has been given a criminal colour. Learned is purely civil in nature which has been given a criminal colour. Learned is purely civil in nature which has been given a criminal colour. Learned is purely civil in nature which has been given a criminal colour. Learned counsel has further iterated that the petitioner counsel has further iterated the land in that the petitioner was the owner of the land in question at the time of execution of question deed dated at the time of execution of the registered sale-deed dated

27.02.2019 and hence there was no misrepresentation on the part of the 27.02.2019 and hence there was no misrepresentation on the part of the 27.02.2019 and hence there was no misrepresentation on the part of the 27.02.2019 and hence there was no misrepresentation on the part of the petitioner. It has been further contended that the complainants ha petitioner. It has been further contended that the petitioner. It has been further contended that the complainants have themselves verified the revenue record before themselves the property rd before the purchase of the property in question and the physical possession of the land in question delivered physical possession of the land has also been delivered dispute arose subsequently when According to learned counsel, the dispute arose subsequently when According to learned counsel, the to them. According to learned counsel, the an ex parte ex parte judgment and decree dated 17.10.2022 n a civil judgment and decree dated 17.10.2022 has been passed in a civil Learned counsel has emphasized that the suit instituted by a third party(s). Learned counsel has emphasized that the Learned counsel has emphasized that the suit instituted by passed after the execution of the sale deed and, said decree has been passed after the execution of the sale deed and, passed after the execution of the sale deed and, said decree therefore, no dishonest intention can be attributed to the petitioner. therefore, no dishonest intention can be attributed to the petitioner therefore, no dishonest intention can be attributed to the petitioner therefore, no dishonest intention can be attributed to the petitioner Furthermore, the complainants have already availed Furthermore, civil remedies and the complainants have already availed the civil remedies and regarding the same property which clearly demonstrates instituted civil suit regarding the same property which clearly demonstrates regarding the same property which clearly demonstrates instituted civil that the dispute is civil in nature. Moreover, that the dispute is civil in nature. the essential ingredients of the Moreover, the essential ingredients of the CRM-M- -31734-2026 3 ent as there was neither any offence of cheating are completely absent as there was neither any offence of cheating are completely abs offence of cheating are completely abs inducement nor any fraudulent intention on the part of the petitioner from inducement nor any fraudulent intention on the part of the petitioner from inducement nor any fraudulent intention on the part of the petitioner from inducement nor any fraudulent intention on the part of the petitioner from It has been further contended that the the inception of the transaction. It has been further contended that the It has been further contended that the the inception of the transaction. petitioner is a senior citizen suffering from serious medical ailments, petitioner is a senior citizen suffering from serious medical ailments, petitioner is a senior citizen suffering from serious medical ailments, petitioner is a senior citizen suffering from serious medical ailments, including kidney ing kidney-related complications and loss of vision. It has been related complications and loss of vision. It has been further contended that the entire case is based further contended that the documentary evidence entire case is based on documentary evidence which are already available with the investigating agency and hence which are already available with the investigating agency which are already available with the investigating agency recovery is to be effected from the petitioner. recovery is It has been further contended from the petitioner. It has been further contended investigation as and when petitioner is ready and willing to join the investigation as and when petitioner is ready and willing to join that the petitioner is ready and willing to join required and there is no likelihood of the petitioner absconding from the and there is no likelihood of the petitioner absconding from the there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he is process of justice or tampering with the prosecution evidence in case he process of justice or tampering with the prosecution evidence in case he process of justice or tampering with the prosecution evidence in case he 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. Referring to reply dated 02.06.2026 by way of an affidavit of 02.06.2026 by way of an affidavit of I and an affidavit of Vishal, HPS, Assistant Commissioner of Police, EOW-I and an affidavit of Vishal, HPS, Assistant Commissioner of Police, EOW an affidavit of Vishal, HPS, Assistant Commissioner of Police, EOW earned State counsel has opposed the grant of anticipatory I, Gurugram learned State counsel has opposed the grant of anticipatory earned State counsel has opposed the grant of anticipatory II, Gurugram allegations levelled against the bail to the petitioner by arguing that the allegations levelled against the bail to the petitioner by arguing that the bail to the petitioner by arguing that the petitioner are grave, serious and supported by specific material collected petitioner are grave, serious and supported by specific material collected petitioner are grave, serious and supported by specific material collected petitioner are grave, serious and supported by specific material collected during the course of The relevant part of the reply reads as the course of investigation. The relevant part of the reply reads as The relevant part of the reply reads as under: “13. That the role of the petitioner Ashwani Sharma in the That the role of the petitioner Ashwani Sharma in the That the role of the petitioner Ashwani Sharma in the comprising present case is that he had sold 990 square yards of land-comprising present case is that he had sold 990 square yards of land Khasra No. 4348/67/12/2 and Khasra No. 4351/68/2/1, situated within Khasra No. 4348/67/12/2 and Khasra No. 4351/68/2/1, situated within Khasra No. 4348/67/12/2 and Khasra No. 4351/68/2/1, situated within nue estate of the Industrial Area, Village Daulatabad, to the the revenue estate of the Industrial Area, Village Daulatabad, to the nue estate of the Industrial Area, Village Daulatabad, to the complainants/ respondents no. 2 to 4, vide Sale Deed Vasika No. complainants/ respondents no. 2 to 4, vide Sale Deed Vasika No. complainants/ respondents no. 2 to 4, vide Sale Deed Vasika No. 17418 dated 27/02/2019. The mutation for this transaction was 17418 dated 27/02/2019. The mutation for this transaction was 17418 dated 27/02/2019. The mutation for this transaction was executed by sanctioned on 16/05/2019. The aforementioned sale deed-executed by sanctioned on 16/05/2019. The aforementioned sale deed explicitly stated that the plot/land in he accused, Ashwani Sharma-explicitly stated that the plot/land in the accused, Ashwani Sharma CRM-M- -31734-2026 4 question is free from all encumbrances and litigation. However, it was question is free from all encumbrances and litigation. However, it was question is free from all encumbrances and litigation. However, it was later came forth that the mutation no. 19141 and 19266 pertaining to later came forth that the mutation no. 19141 and 19266 pertaining to later came forth that the mutation no. 19141 and 19266 pertaining to urt of Ld. Civil the land in question have been canceled by the Court of Ld. Civil the land in question have been canceled by the Co Judge (Junior Division), Gurugram vide judgment and decree dated Judge (Junior Division), Gurugram vide judgment and decree dated Judge (Junior Division), Gurugram vide judgment and decree dated

17.10.2022 in Civil Suit No. 135 of 2010. This shows that the land in 17.10.2022 in Civil Suit No. 135 of 2010. This shows that the land in 17.10.2022 in Civil Suit No. 135 of 2010. This shows that the land in question was under litigation at the time of execution of sale deed. question was under litigation at the time of execution of sale deed. question was under litigation at the time of execution of sale deed. y concealed the said fact from the However, the petitioner deliberately concealed the said fact from the However, the petitioner deliberatel complainant and induced him to execute the sale deed vasika no. complainant and induced him to execute the sale deed vasika no. complainant and induced him to execute the sale deed vasika no. 17418 dated 27/02/2019. The petitioner is by name accused in the 17418 dated 27/02/2019. The petitioner is by name accused in the 17418 dated 27/02/2019. The petitioner is by name accused in the present FIR.

#14. That the custodial interrogation of the petitioner is That the custodial interrogation of the petitioner is That the custodial interrogation of the petitioner is ning information about the Will which was used for required for obtaining information about the Will which was used for ning information about the Will which was used for the mutation no. 19141 dated 22.07.1996, for recovering sanctioning the mutation no. 19141 dated 22.07.1996, for recovering the mutation no. 19141 dated 22.07.1996, for recovering the said Will, for recovering the money of the complainant, for the said Will, for recovering the money of the complainant, for the said Will, for recovering the money of the complainant, for operandi, for obtaining obtaining information about the modus-operandi, for obtaining obtaining information about the modus about the other persons involved in the present crime and information about the other persons involved in the present crime and about the other persons involved in the present crime and for obtaining other relevant information regarding the present case.” for obtaining other relevant information regarding the present case. for obtaining other relevant information regarding the present case. Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, deliberately learned State counsel has further iterated that the petitioner has deliberately learned State counsel has further iterated that the learned State counsel has further iterated that the material facts regarding the title of the property and induced concealed the material facts regarding the title of the property and induced material facts regarding the title of the property and induced concealed the complainants to purchase the land by representing that it was free from the complainants to purchase the land by representing that it was free from the complainants to purchase the land by representing that it was free from the complainants to purchase the land by representing that it was free from any litigation litigation/encumbrances. Learned State counsel has emphasized that the Learned State counsel has emphasized that the custodial custodial rogation of interrogation of rogation of the petitioner the petitioner the petitioner is necessary for effective is necessary for effective is necessary for effective investigation, particularly for recovery of the cheated amount and investigation, particularly for recovery of the cheated amount and investigation, particularly for recovery of the cheated amount and investigation, particularly for recovery of the cheated amount and verification of verification of verification of verification of forged agreements and other forged agreements and other forged agreements and other forged agreements and other relevant documents. relevant documents. relevant documents. relevant documents. gation, Considering the seriousness of the allegations and the stage of investigation, Considering the seriousness of the allegations and the stage of investi Considering the seriousness of the allegations and the stage of investi the dismissal of the instant petition is prayed for. the dismissal of the instant petition is prayed for. the dismissal of the instant petition is prayed for.

4.1. respondent Nos.2 to 4 Learned counsel appearing for the respondent Nos.2 to 4 Learned counsel appearing for the has raised submissions in tandem with the State counsel. complainants) has raised submissions in tandem with the State counsel. has raised submissions in tandem with the State counsel. (complainant termed as merely Learned counsel has iterated that the allegations cannot be termed as merely Learned counsel has iterated that the allegations cannot be Learned counsel has iterated that the allegations cannot be discloses civil in nature at this stage, as the material on record prima facie discloses civil in nature at this stage, as the material on record civil in nature at this stage, as the material on record CRM-M- -31734-2026 5 dishonest intention and inducement from the very inception of the dishonest intention and inducement from the very inception of the dishonest intention and inducement from the very inception of the dishonest intention and inducement from the very inception of the According to learned counsel, the nature of offence clearly transaction. According to learned counsel, the nature of offence clearly According to learned counsel, the nature of offence clearly transaction. nce of a larger conspiracy which is still under indicates the existence of a larger conspiracy which is still under nce of a larger conspiracy which is still under indicates the existe investigation. Accordingly, a prayer has been made for the dismissal of the investigation. Accordingly, a prayer has been made for the dismissal of the investigation. Accordingly, a prayer has been made for the dismissal of the investigation. Accordingly, a prayer has been made for the dismissal of the petition in hand. 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 ca gone through the available record of the ca

#6. As per the material available on record , indubitably, serious material available on record, indubitably, serious allegations have been levelled against the petitioner. The allegations allegations have been levelled against the petitioner. The allegations allegations have been levelled against the petitioner. The allegations allegations have been levelled against the petitioner. The allegations levelled in the FIR, at this stage, prima facie levelled in the FIR, at this stage, petitioner has prima facie disclose that the petitioner has of the complainants after assuring them that executed the sale deed in favour of the complainants after assuring them that of the complainants after assuring them that executed the sale deed in favour the property was free from litigation/encumbrances. The sale deed is alleged the property was free from litigation/encumbrances. The sale deed is alleged the property was free from litigation/encumbrances. The sale deed is alleged the property was free from litigation/encumbrances. The sale deed is alleged to have been executed on the basis of mutations which were subsequently to have been executed on the basis of mutations which were subsequently to have been executed on the basis of mutations which were subsequently to have been executed on the basis of mutations which were subsequently lainants declared illegal and void by a competent Civil Court. The complainants declared illegal and void by a competent Civil Court. The comp declared illegal and void by a competent Civil Court. The comp have alleged that they have parted with a substantial amount on the basis of have alleged that they have parted with a substantial amount on the basis of have alleged that they have parted with a substantial amount on the basis of have alleged that they have parted with a substantial amount on the basis of representations made by the petitioner and his sons. At this stage, the representations made by the petitioner and his sons. At this stage, the representations made by the petitioner and his sons. At this stage, the representations made by the petitioner and his sons. At this stage, the indicates material collected during the course of investigation prima facie indicates material collected during the course of investigation material collected during the course of investigation f the petitioner as he is the main beneficiary of the sale active participation of the petitioner as he is the main beneficiary of the sale f the petitioner as he is the main beneficiary of the sale active participation o transaction and the allegations against him cannot be brushed aside as vague transaction and the allegations against him cannot be brushed aside as vague transaction and the allegations against him cannot be brushed aside as vague transaction and the allegations against him cannot be brushed aside as vague or general in nature. The amount involved is substantial which or general in nature. prima facie The amount involved is substantial which prima facie offence. In the considered indicates the seriousness and gravity of the offence. In the considered indicates the seriousness and gravity of the indicates the seriousness and gravity of the 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 raised on behalf of the petitioner that the dispute is raised on behalf of the petitioner that the dispute on public trust. The plea raised on behalf of the petitioner that the dispute on public trust. purely civil in nature does not persuade this Court at this stage as merely purely civil in nature does not persuade this Court at this stage purely civil in nature does not persuade this Court at this stage CRM-M- -31734-2026 6 because a transaction pertains to sale and purchase of land or involves because a transaction pertains to sale and purchase of land or involves because a transaction pertains to sale and purchase of land or involves because a transaction pertains to sale and purchase of land or involves monetary dealings would not by itself take away the criminality if the monetary dealings would not by itself take away the criminality if the monetary dealings would not by itself take away the criminality if the monetary dealings would not by itself take away the criminality if the dishonest inducement and deception from allegations prima facie disclose dishonest inducement and deception from dishonest inducement and deception from allegations investigation the inception. The material collected during the course of investigation the inception. The material collected during the inception. The material collected during indicates that the complainants have been indicates that the complainant allegedly induced to part with a have been allegedly induced to part with a substantial amount on the basis of representations made by the petitioner substantial amount on the basis of representations made by the petit substantial amount on the basis of representations made by the petit and his sons (co his sons (co-accused) regarding land which, prosecution, they regarding land which, as per the prosecution, they were not competent to transfer. The question(s) as to whether were not competent to transfer. the transaction The question(s) as to whether the transaction has failed dispute or whether the intention to failed on account of a bona fide dispute or whether the intention to dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough deceive existed from the very beginning is a matter which requires thorough deceive existed from the very beginning is a matter which requires thorough deceive existed from the very beginning is a matter which requires thorough in a petition for investigation and cannot be conclusively adjudicated upon in a petition for investigation and cannot be conclusively adjudicated upon investigation and cannot be conclusively adjudicated upon grant of anticipatory bail. At the stage of anticipatory bail, the grant of anticipatory bail. Court is At the stage of anticipatory bail, the Court is primarily required to examine the nature and gravity of accusations and primarily required to examine the nature and gravity of accusations primarily required to examine the nature and gravity of accusations The exact nature and extent of the role attributed to the accused. The exact nature and extent of the The exact nature and extent of the role attributed to the accused requires deeper investigation for which involvement of the petitioner requires deeper investigation for which requires deeper investigation for which involvement custodial interrogation of the petitioner may be custodial interrogation The grant of itioner may be essential. The grant of anticipatory bail at this stage may hamper the investigation. anticipatory bail at this stage may hamper the investigation. anticipatory bail at this stage may hamper the investigation.

#7. plausible cause has been shown, at this stage, No cause nay plausible cause has been shown, at this stage, plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely from which it can be deciphered that the petitioner has been falsely from which it can be deciphered that the petitioner has been falsely from which it can be deciphered that the petitioner has been falsely FIR. It goes without saying that in the instant implicated into the present FIR. It goes without saying that in the instant FIR. It goes without saying that in the instant implicated into the the allegations against the petitioner, as emerging from the FIR and case, the allegations against the petitioner, as emerging from the FIR and the allegations against the petitioner, as emerging from the FIR and the allegations against the petitioner, as emerging from the FIR and t this material placed on record, are neither vague nor general in nature. At this material placed on record, are neither vague nor general in nature. material placed on record, are neither vague nor general in nature. discloses stage, the material collected during investigation prima facie discloses stage, the material collected during investigatio stage, the material collected during investigatio active participation and a specific role attributable to the petitioner in the active participation and a specific role attributable to the petitioner in the active participation and a specific role attributable to the petitioner in the active participation and a specific role attributable to the petitioner in the The investigation is at nascent alleged acts of cheating and conspiracy. The investigation is at nascent alleged acts of cheating and conspiracy. alleged acts of cheating and conspiracy. CRM-M- -31734-2026 7 It is befitting to mention here that while considering a plea for grant It is befitting to mention here that while considering a plea for stage. It is befitting to mention here that while considering a plea for f anticipatory bail, the Court has to equilibrate between safeguarding of anticipatory bail, the Court has to equilibrate between safeguarding f anticipatory bail, the Court has to equilibrate between safeguarding f anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon individual rights and protecting societal interests. The Court ought to reckon individual rights and protecting societal interests. The Court ought to reckon individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the ee investigation as also the deeper and wider ee investigation as also the deeper and wide accused; the need for fair and free investigation as also the deeper and wide accused; the need for fair and fr impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that prima facie material on record to hold that case is not made out against the prima facie case is not made out against the eliminary petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and pr petitioner. The material which has come on record and pr investigation, appear to establish a reasonable basis for the accusations. investigation, appear to establish a reasonable basis for the accusations. investigation, appear to establish a reasonable basis for the accusations. investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it State v. would necessarily cause impediment in effective investigation. In State v. would necessarily cause impediment in effective investigation. In would necessarily cause impediment in effective investigation. In Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039 Anil Sharma, (19 , the Hon'ble 97) 7 SCC 187 : 1997 SCC (Cri) 1039, the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) Supreme Court held as under : (SCC p. 189, para 6) Supreme Court held as under : (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 oriented than questioning a suspect who is qualitatively more elicitation-oriented than questioning a suspect who is oriented than questioning a suspect who is nsconced with a favourable order under Section 438 of the Code. In well-ensconced with a favourable order under Section 438 of the Code. In nsconced 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 materials which would have been concealed. Success materials which would have been concealed. Succe 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 interrogated. Very often interrogation in such a condition would reduce to interrogated. Very often interrogation in such a condition would reduce to interrogated. Very often interrogation in such a condition would reduce to nt that the custodial interrogation is fraught a mere ritual. The argument that the custodial interrogation is fraught nt 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 accused in all criminal cases. The Court has to presume that responsible accused in all criminal cases. The Court has to presume that respons 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.

#8. 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 for a fair and offence and the requirement of the custodial interrogation offence and the requirement of the custodial interrogation CRM-M- -31734-2026 8 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 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.

#9. (i) (ii) In view of the prevenient ratiocination, it is ordained thus: In view of the prevenient ratiocination, it is ordained thus: 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) Pending application(s), if any, shall also stand disposed off. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE July 20, 202 Ajay 2026 Whether speaking/reasoned: Whether reportable: Yes/No Yes/No