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 anticipat 2023 in FIR No.0019 dated 17.03.2026 2023 in FIR No. registered for offences punishable registered for offences punishable under Sections 61 and 316(5) of BNS 2023 and Sections under Sections (a) read with 61 and 316(5) of BNS 2023 and Sections 13(1)(a) read with City 13(2) of Prevention of Corruption Act, 1988 at Police Station City 13(2) of Prevention of Corruption Act, 1988 at Police St Section 13(2) of Prevention of Corruption Act, 1988 at Police St Kanina, D District Mahendergarh.

The prosecution case, in brief, is that the present FIR came to The prosecution case, in brief, is that the present FIR came to The prosecution case, in brief, is that the present FIR came to by the District Manager, be registered on the basis of a complaint made by the District Manager, be registered on the basis of a complaint be registered on the basis of a complaint alleged that a substantial quantity of mustard HAFED, Narnaul. It has been alleged that a substantial quantity of mustard alleged that a substantial quantity of mustard HAFED, Narnaul. It stock stored in the HAFED Complex at Unhani, Kanina, was found missing stock stored in the HAFED Complex at Unhani, Kanina, was found missing stock stored in the HAFED Complex at Unhani, Kanina, was found missing stock stored in the HAFED Complex at Unhani, Kanina, was found missing during physical verification. As per the official records, a large quantity of during physical verification. As per the official records, a large quantity of during physical verification. As per the official records, a large quantity of during physical verification. As per the official records, a large quantity of mustard seed and gunny bags ought to have been available in mustard seed and gunny bags ought to have been available in mustard seed and gunny bags ought to have been available in warehouses. However, upon inspection conducted on 12.03.2026, a shortage warehouses. However, upon inspection conducted on 12.03.2026, a shortage warehouses. However, upon inspection conducted on 12.03.2026, a shortage warehouses. However, upon inspection conducted on 12.03.2026, a shortage of approximately 5,531.60 quintals of mustard seed and a substantial of approximately 5,531.60 quintals of mustard seed and a substantial of approximately 5,531.60 quintals of mustard seed and a substantial of approximately 5,531.60 quintals of mustard seed and a substantial CRM-M- -31975-2026 2 number of gunny bags was detected. The total financial loss caused to number of gunny bags was detected. The total financial loss caused to number of gunny bags was detected. The total financial loss caused to number of gunny bags was detected. The total financial loss caused to HAFED was assessed at more than ₹4.23 c HAFED was assessed at more than further alleged 4.23 crores. It has been further alleged d supervision that the entire stock and its record were under the custody and supervision that the entire stock and its record were under the custody an that the entire stock and its record were under the custody an of the petitioner, who was functioning as Field Inspector/Store Keeper at the of the petitioner, who was functioning as Field Inspector/Store Keeper at the of the petitioner, who was functioning as Field Inspector/Store Keeper at the of the petitioner, who was functioning as Field Inspector/Store Keeper at the of posting relevant time. The petitioner was also found absent from his place of posting relevant time. The petitioner was also found absent from his place relevant time. The petitioner was also found absent from his place when the discrepancy came to light and the stock register was allegedly not when the discrepancy came to light and the stock register was allegedly not when the discrepancy came to light and the stock register was allegedly not when the discrepancy came to light and the stock register was allegedly not On these set of allegations, the FIR in question available at the warehouse. On these set of allegations, the FIR in question On these set of allegations, the FIR in question available at the warehouse. to be registered. came to be 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 Learned petitioner has been falsely implicated into the FIR in question. Learned petitioner has been falsely implicated into the FIR petitioner has been falsely implicated into the FIR that the prosecution has sought to attribute the counsel has further iterated that the prosecution has sought to attribute the that the prosecution has sought to attribute the counsel has further iterated erely because he was posted as entire shortage of stock to the petitioner merely because he was posted as entire shortage of stock to the petitioner m entire shortage of stock to the petitioner m Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no Field Inspector/Store Keeper at the relevant HAFED Complex, whereas no his involvement in any direct evidence has been collected which establishes his involvement in any direct evidence has been collected which establish direct evidence has been collected which establish further act of misappropriation or embezzlement. Learned counsel has further act of misappropriation or embezzlement. act of misappropriation or embezzlement. that the alleged shortage was noticed on 12.03.2026, however, contended that the alleged shortage was noticed on 12.03.2026, however, that the alleged shortage was noticed on 12.03.2026, however, contended the complaint was lodged after considerable delay and no plausible the complaint was lodged after considerable delay and no plausible the complaint was lodged after considerable delay and no plausible the complaint was lodged after considerable delay and no plausible creates serious doubt explanation has been furnished for the same which creates serious doubt explanation has been furnished for the same explanation has been furnished for the same has been regarding the veracity of the allegations against the petitioner. It has been regarding the veracity of the allegations regarding the veracity of the allegations further contended that the petitioner was not present at the HAFED further contended that the petitioner was not present at the HAFED further contended that the petitioner was not present at the HAFED further contended that the petitioner was not present at the HAFED Complex on the date(s) when the stock Complex on the date as the when the stock has been illegally removed as the father of the petitioner was suffering from paralysis which requires constant father of the petitioner was suffering from paralysis which requires constant father of the petitioner was suffering from paralysis which requires constant father of the petitioner was suffering from paralysis which requires constant ion. It has been further contended that the investigation is care and attention. It has been further contended that the investigation is ion. It has been further contended that the investigation is care and attent proceeding on assumptions and conjectures rather than on any tangible proceeding on assumptions and conjectures rather than on any tangible proceeding on assumptions and conjectures rather than on any tangible proceeding on assumptions and conjectures rather than on any tangible material which connects the petitioner with the alleged offence. Learned material which connects the petitioner with the alleged offence. Learned material which connects the petitioner with the alleged offence. Learned material which connects the petitioner with the alleged offence. Learned audits of the stock were counsel has emphasized that regular inspections and audits of the stock were counsel has emphasized that regular inspections and counsel has emphasized that regular inspections and CRM-M- -31975-2026 3 conducted from time to time and no discrepancy has ever been reported conducted from time to time and no discrepancy has ever been reported conducted from time to time and no discrepancy has ever been reported conducted from time to time and no discrepancy has ever been reported earlier. Furthermore, in case such a huge shortage actually existed, the same earlier. Furthermore, in case such a huge shortage actually existed, the same earlier. Furthermore, in case such a huge shortage actually existed, the same earlier. Furthermore, in case such a huge shortage actually existed, the same Learned would have reflected in the audit reports and inspection records. Learned would have reflected in the audit reports and inspection records. would have reflected in the audit reports and inspection records. counsel has further submitted that the petitioner has deep roots in society; is has further submitted that the petitioner has deep roots in society; is petitioner has deep roots in society; is and, a permanent resident of the State; has no criminal antecedents and, a permanent resident of the State; has no criminal antecedents a permanent resident of the State; has no criminal antecedents therefore, there is no need for the custodial interrogation of the petitioner. therefore, there is no need for the custodial interrogation of the petitioner. therefore, there is no need for the custodial interrogation of the petitioner. therefore, there is no need for the custodial interrogation of the petitioner. Learned counsel has asserted that the petitioner Learned counsel has asserted that th is willing to join the e petitioner is willing to join the , shall not tamper with evidence or investigation as and when required, shall not tamper with evidence or , shall not tamper with evidence or investigation influence any witness and shall abide by all the conditions imposed in case influence any witness and shall abide by all the conditions imposed in case influence any witness and shall abide by all the conditions imposed in case influence any witness and shall abide by all the conditions imposed in case he is enlarged on pre-arrest bail. On strength of these submissions, the he is enlarged on pre arrest bail. On strength of these submissions, the grant of concession of anticipatory bail is entreated for. of concession of anticipatory bail is entreated for. of concession of anticipatory bail is entreated for.

#4. Per contra, learned State counsel opposed the grant of , learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the petitioner are serious involving large-scale embezzlem petitioner are serious ent and loss of more scale embezzlement and loss of more than ₹4 crores to HAFED. Learned State counsel has contended that the 4 crores to HAFED. Learned State counsel has contended that the 4 crores to HAFED. Learned State counsel has contended that the 4 crores to HAFED. Learned State counsel has contended that the petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, petitioner was posted as Field Inspector/Store Keeper at HAFED Complex, Unhani, Kanina and was entrusted with the custody, maintenance and Unhani, Kanina and was entrusted with the custody, maintenance and Unhani, Kanina and was entrusted with the custody, maintenance and Unhani, Kanina and was entrusted with the custody, maintenance and accounting of the mustard stock as well as the co accounting of the mustard rresponding records. stock as well as the corresponding records. Therefore, the petitioner cannot escape the responsibility for such a huge Therefore, the petitioner cannot escape the responsibility for such a huge Therefore, the petitioner cannot escape the responsibility for such a huge Therefore, the petitioner cannot escape the responsibility for such a huge Referring to the reply by way shortage detected during physical verification. Referring to the reply by way shortage detected during physical verification. shortage detected during physical verification. lice, Narnaul, of affidavit of Kavita (P) HPS, Deputy Superintendent of Police, Narnaul, of affidavit of Kavita (P) HPS, Deputy Superintendent of Po of affidavit of Kavita (P) HPS, Deputy Superintendent of Po District Mahendergarh dated 03.06.2026, learned State counsel has District Mahendergarh dated 03.06.2026, l District Mahendergarh dated 03.06.2026, l inspection conducted by the HAFED contended that during the course of inspection conducted by the HAFED inspection conducted by the HAFED contended authorities, a shortage of approximately 5,531.60 quintals of mustard seed authorities, a shortage of approximately 5,531.60 quintals of mustard seed authorities, a shortage of approximately 5,531.60 quintals of mustard seed authorities, a shortage of approximately 5,531.60 quintals of mustard seed and huge huge quantity of gunny bags was detected financial loss bags was detected which caused financial loss to the tune of ₹4,23,69,575/- to the State Cooperative Federation. to the State Cooperative Federation. to the State Cooperative Federation. to the tune CRM-M- -31975-2026 4 Furthermore, the stock register has not been Furthermore, the found available at the spot and has not been found available at the spot and s place of posting when the the petitioner was also absent from his place of posting when the the petitioner was also absent from hi the petitioner was also absent from hi discrepancy came to light which raises discrepancy came to light serious suspicion regarding his which raises serious suspicion regarding his Furthermore, during the course of investigation involvement in the offence. Furthermore, during the course of investigation Furthermore, during the course of investigation involvement in the offence. substantial deposits and cash transactions have been noticed in the bank substantial deposits and cash transactions have been noticed in the bank substantial deposits and cash transactions have been noticed in the bank substantial deposits and cash transactions have been noticed in the bank ch appears to be disproportionate to his account linked to the petitioner which appears to be disproportionate to his ch appears to be disproportionate to his account linked to the petitioner whi known sources of income. According to learned State counsel, the source of known sources of income. According to learned State counsel, the source of known sources of income. According to learned State counsel, the source of known sources of income. According to learned State counsel, the source of these deposits is yet to be ascertained and forms an important aspect of the these deposits is yet to be ascertained and forms an important aspect of the these deposits is yet to be ascertained and forms an important aspect of the these deposits is yet to be ascertained and forms an important aspect of the itioner is investigation. Moreover, the custodial interrogation of the petitioner is investigation. Moreover, the custodial interrogation of the pet investigation. Moreover, the custodial interrogation of the pet necessary to trace the money trail, identify the beneficiaries of the necessary to trace the money trail, identify the beneficiaries of the necessary to trace the money trail, identify the beneficiaries of the necessary to trace the money trail, identify the beneficiaries of the embezzled stock and unearth the larger conspiracy involving other embezzled stock and unearth the larger conspiracy involving other embezzled stock and unearth the larger conspiracy involving other embezzled stock and unearth the larger conspiracy involving other persons/officials. Accordingly, a prayer has been made for the persons/officials. Accordingly, a prayer has been made for the dismissal dismissal of instant petition. the instant petition.

#5. I have heard the learned counsel for the and have heard the learned counsel for the rival parties and have 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. It would be apposite to refer herein to a judgment of the It would be apposite to refer herein to a judgment of the It would be apposite to refer herein to a judgment of the Devinder Kumar Bansal vs. The State of Hon’ble Supreme Court titled as Devinder Kumar Bansal vs. The State of Devinder Kumar Bansal vs. The State of Hon’ble Supreme Court titled as relevant whereof reads as under: Punjab, 2025 INSC 320, relevant whereof reads as under: Punjab, 2025 INSC 3 The parameters for grant of anticipatory bail in a serious offence “21. The parameters for grant of anticipatory bail in a serious offence The parameters for grant of anticipatory bail in a serious offence satisfied. Anticipatory bail can be like corruption are required to be satisfied. Anticipatory bail can be like corruption are required to be granted only in exceptional circumstances where the Court is prima facie granted only in exceptional circumstances where the Court is prima facie granted only in exceptional circumstances where the Court is prima facie f the view that the applicant has been falsely enroped in the crime or the of the view that the applicant has been falsely enroped in the crime or the f the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. So far as the case at allegations are politically motivated or are frivolous. So far as the case at allegations are politically motivated or are frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances hand is concerned, it cannot be said that any exceptional circumstances hand is concerned, it cannot be said that any exceptional circumstances ioner accused for grant of anticipatory have been made out by the petitioner accused for grant of anticipatory have been made out by the petit bail and there is no frivolity in the prosecution. bail and there is no frivolity in the prosecution.

#22. In the aforesaid context, we may refer to a pronouncement in In the aforesaid context, we may refer to a pronouncement in In the aforesaid context, we may refer to a pronouncement in Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) , wherein this Court expressed thus: 7 Scale 15, wherein this Court expressed thus: CRM-M- -31975-2026 5 “28. While granting bail, the court has to keep in mind the nature “28. While granting bail, the court has to keep in mind the nature “28. While granting bail, the court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the of accusation, the nature of evidence in support thereof, the of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the severity of the punishment which conviction will entail, the severity of the punishment which conviction will entail, the ircumstances which are peculiar to the character of the accused, circumstances which are peculiar to the character of the accused, c accused, reasonable possibility of securing the presence of the accused, reasonable possibility of securing the presence of the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses accused at the trial, reasonable apprehension of the witnesses accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and being tampered with, the larger interests of the public/State and being tampered with, the larger interests of the public/State and ions. It has also to be kept in mind that for other similar considerations. It has also to be kept in mind that for ions. It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words the purpose of granting bail, the Legislature has used the words the purpose of granting bail, the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" "reasonable grounds for believing" instead of "the evidence" "reasonable grounds for believing" instead of "the evidence" which means the Court dealing with the grant of bail can only which means the Court dealing with the grant of bail can only which means the Court dealing with the grant of bail can only er there is a genuine case against the accused satisfy it as to whether there is a genuine case against the accused er there is a genuine case against the accused and that the prosecution will be able to produce prima facie and that the prosecution will be able to produce prima facie and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, evidence in support of the charge. It is not expected, at this stage, evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond to have the evidence establishing the guilt of the accused beyond to have the evidence establishing the guilt of the accused beyond reasonable doubt.”

#23. The presumption of innocence, by itself, cannot be the sole The presumption of innocence, by itself, cannot be the consideration for grant of anticipatory bail. The presumption of consideration for grant of anticipatory bail. The presumption of consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in innocence is one of the considerations, which the court should keep in innocence is one of the considerations, which the court should keep in ry bail. The salutary rule is mind while considering the plea for anticipatory bail. The salutary rule is mind while considering the plea for anticipato to balance the cause of the accused and the cause of public justice. Over to balance the cause of the accused and the cause of public justice. Over to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused’s liberty can, sometimes, defeat the solicitous homage to the accused’s liberty can, sometimes, defeat the solicitous homage to the accused’s liberty can, sometimes, defeat the cause of public justice.

#24. corruption free If liberty is to be denied to an accused to ensure corruption free If liberty is to be denied to an accused to ensure society, then the courts should not hesitate in denying such liberty. Where society, then the courts should not hesitate in denying such liberty. Where society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of overwhelming considerations in the nature aforesaid require denial of overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to anticipatory bail, it has to be denied. It is altogether a different thing to anticipatory bail, it has to be denied. It is altogether a different thing to say that once the investigation is over and charge sheet is filed, the court he investigation is over and charge-sheet is filed, the court accused of may consider to grant regular bail to a public servant - accused of may consider to grant regular bail to a public servant indulging in corruption.

#25. Avarice is a common frailty of mankind and Robert Walpole's Avarice is a common frailty of mankind and Robert Walpole's Avarice is a common frailty of mankind and Robert Walpole's ave their price, notwithstanding the famous pronouncement that all men have their price, notwithstanding the famous pronouncement that all men h unsavoury cynicism that it suggests, is not very far from truth. As far back unsavoury cynicism that it suggests, is not very far from truth. As far back unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: “Among a as more than two centuries ago, it was Burke who cautioned: “Among a as more than two centuries ago, it was Burke who cautioned: “Among a people generally corrupt, liberty cannot last long”. In more recent years, people generally corrupt, liberty cannot last long”. In more recent years people generally corrupt, liberty cannot last long”. In more recent years Romain Rolland lamented that France fell because there was corruption Romain Rolland lamented that France fell because there was corruption Romain Rolland lamented that France fell because there was corruption without indignation. Corruption has, in it, very dangerous potentialities. without indignation. Corruption has, in it, very dangerous potentialities. without indignation. Corruption has, in it, very dangerous potentialities. Corruption, a word of wide connotation has, in respect of almost all the Corruption, a word of wide connotation has, in respect of almost all the Corruption, a word of wide connotation has, in respect of almost all the the world over, the limited meaning of spheres of our day to day life, all the world over, the limited meaning of spheres of our day to day life, all allowing decisions and actions to be influenced not by the rights or allowing decisions and actions to be influenced not by the rights or allowing decisions and actions to be influenced not by the rights or CRM-M- -31975-2026 6 case but by the prospects of monetary gains or other selfish wrongs of a case but by the prospects of monetary gains or other selfish case but by the prospects of monetary gains or other selfish considerations.

#26. the magnitude If even a fraction of what was the vox pupuli about the magnitude If even a fraction of what was the vox pupuli about of corruption to be true, then it would not be far removed from the truth, of corruption to be true, then it would not be far removed from the truth, of corruption to be true, then it would not be far removed from the truth, that it is the rampant corruption indulged in with impunity by highly that it is the rampant corruption indulged in with impunity by highly that it is the rampant corruption indulged in with impunity by highly placed persons that has led to economic unrest in this country. If one is placed persons that has led to economic unrest in this country. If one is placed persons that has led to economic unrest in this country. If one is factor that effectively arrested the progress of our asked to name one sole factor that effectively arrested the progress of our factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption. If the society in a society to prosperity, undeniably it is corruption. If the society in a society to prosperity, undeniably it is corruption. If the society in a developing country faces a menace greater than even the one from the developing country faces a menace greater than even the one from the developing country faces a menace greater than even the one from the rrupt elements hired assassins to its law and order, then that is from the corrupt elements hired assassins to its law and order, then that is from the co at the higher echelons of the Government and of the political parties.” at the higher echelons of the Government and of the political parties.

#7. 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, serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations pertain to offences under the Prevention of Corruption against the petitioner pertain to offences under the Prevention of Corruption pertain to offences under the Prevention of Corruption against the petitioner Act, 1988 which by their very nature are serious and grave. Corruption by Act, 1988 which by their very nature are serious and grave. Corruption by Act, 1988 which by their very nature are serious and grave. Corruption by Act, 1988 which by their very nature are serious and grave. Corruption by public servant is not merely an offence against an individual but constitutes public servant is not merely an offence against an individual but constitutes public servant is not merely an offence against an individual but constitutes public servant is not merely an offence against an individual but constitutes and offence against the society at large, and offence against the society at large g public confidence in the , eroding public confidence in the to exercise a administration. Thus, the Courts are, therefore, required to exercise a administration. Thus, the Courts are, therefore, require administration. Thus, the Courts are, therefore, require greater degree of caution while considering the grant of anticipatory bail in greater degree of caution while considering the grant of anticipatory bail in greater degree of caution while considering the grant of anticipatory bail in greater degree of caution while considering the grant of anticipatory bail in allegations such cases. From the perusal of the record, it emerges that the allegations such cases. From the perusal of the record, it emerges that the such cases. From the perusal of the record, it emerges that the scale misappropriation of public stock gainst the petitioner pertain to large-scale misappropriation of public stock scale misappropriation of public stock against the petitioner pertain to large belonging to a State cooperative institution. The material collected during belonging to a State cooperative institution. The material collected during belonging to a State cooperative institution. The material collected during belonging to a State cooperative institution. The material collected during indicates that the petitioner was the the course of investigation prima facie indicates that the petitioner was the indicates that the petitioner was the the course of maintenance, custody and accounting of the stock official entrusted with maintenance, custody and accounting of the stock maintenance, custody and accounting of the stock official entrusted with the course stored at the HAFED Complex. The shortage discovered during the course stored at the HAFED Complex. The shortage discovered during stored at the HAFED Complex. The shortage discovered during physical verification has allegedly resulted in loss exceeding ₹4 crores to 4 crores to physical verification has allegedly resulted in loss exceeding of physical verification has allegedly resulted in loss exceeding the public exchequer. The role attributed to the petitioner the public exchequer. is that he was The role attributed to the petitioner is that he was corresponding directly responsible for maintaining the inventory and other corresponding directly responsible for maintaining the inventory and directly responsible for maintaining the inventory and records. The prosecution has placed the records. The prosecution has placed the material which suggests that CRM-M- -31975-2026 7 y the petitioner entries regarding issuance of mustard stock were made by the petitioner entries regarding issuance of mustard stock were made b entries regarding issuance of mustard stock were made b himself in the official registers. At this stage, the explanation furnished by himself in the official registers. At this stage, the explanation furnished by himself in the official registers. At this stage, the explanation furnished by himself in the official registers. At this stage, the explanation furnished by from duty does not inspire confidence the petitioner that he was absent from duty does not inspire confidence from duty does not inspire confidence the petitioner particularly in view of the documentary material indicating his participation particularly in view of the documentary material indicating his participation particularly in view of the documentary material indicating his participation particularly in view of the documentary material indicating his participation maintenance on the relevant dates. The investigation in the present in record maintenance on the relevant dates. The investigation in the present maintenance on the relevant dates. The investigation in the present in record case is at At this stage, the material collected during is at a crucial stage. At this stage, the material collected during At this stage, the material collected during investigation cannot be brushed aside as vague or baseless. investigation cannot be brushed aside as vague or baseless. investigation cannot be brushed aside as vague or baseless.

#8. The plea of the petitioner that not present at the of the petitioner that petitioner was not present at the HAFED Complex on the date(s) when the stock HAFED Complex on the date illegally removed when the stock has been illegally removed in the present factual milieu of the does not merit acceptance, at this stage, in the present factual milieu of the in the present factual milieu of the does not merit acceptance case in hand. The stand of the investigating agency before this Court is that case in hand. The stand of the investigating agency before this Court is that case in hand. The stand of the investigating agency before this Court is that case in hand. The stand of the investigating agency before this Court is that ascertain the todial interrogation of the petitioner is necessary to ascertain the todial interrogation of the petitioner is necessary to the custodial interrogation of the petitioner is necessary to involvement of other officials/persons and to involvement of other officials and to recover the relevant records relevant records. Furthermore, the plea of false implication raised by the petitioner is a Furthermore, the plea of false implication raised by the petitioner is a Furthermore, the plea of false implication raised by the petitioner is a Furthermore, the plea of false implication raised by the petitioner is a s appreciation of evidence, which disputed question of fact and involves appreciation of evidence, which s appreciation of evidence, which disputed question of fact and involve cannot be adjudicated upon at this stage. The same can only be adjudicated cannot be adjudicated upon at this stage. The same can only be adjudicated cannot be adjudicated upon at this stage. The same can only be adjudicated cannot be adjudicated upon at this stage. The same can only be adjudicated upon the conclusion of the investigation or during the course of trial. In the upon the conclusion of the investigation or during the course of trial. In the upon the conclusion of the investigation or during the course of trial. In the upon the conclusion of the investigation or during the course of trial. In the is stage may considered opinion of this Court, granting anticipatory bail at this stage may considered opinion of this Court, granting anticipatory bail at th considered opinion of this Court, granting anticipatory bail at th likely hamper the on-going investigation. likely hamper the on plausible cause has going investigation. No cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner been shown, at this stage, from which it can be deciphered that the petitioner been shown, at this stage, from which it can be deciphered that the petitioner been shown, at this stage, from which it can be deciphered that the petitioner Furthermore, the Court has been falsely implicated into the present FIR. Furthermore, the Court has been falsely implicated into the present has been falsely implicated into the present ady declined the plea of the petitioner after considering the below has already declined the plea of the petitioner after considering the ady declined the plea of the petitioner after considering the below has alre relevant factors, including the manner in which the name of the petitioner relevant factors, including the manner in which the name of the petitioner relevant factors, including the manner in which the name of the petitioner relevant factors, including the manner in which the name of the petitioner It is befitting to mention here that while surfaced during investigation. It is befitting to mention here that while It is befitting to mention here that while surfaced during investigation. considering a plea for grant of anticipatory considering a plea for 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 CRM-M- -31975-2026 8 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 n as also the attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair and free investigatio attributed to the accused; the need for fair and free investigatio 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 a 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 made out against the petitioner. The material which has 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 come on record and made out against the petitioner. The material which has come on record and the preliminary investigation, appear to establish a reasonable basis for the preliminary investigation, appear to establish a reasonable basis for the investigation, appear to establish 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 investigation. In State v. Anil Sharma, (1997) 7 SCC investigation. In 187 : 1997 SCC (Cri) State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) , the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) 1039, the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) , the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is “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 with a favourable order under Section 438 of the Code. In well-ensconced with a favourable order under Section 438 of the Code. In 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. Success materials which would have been concealed. Success in such in suc in suc 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 he custodial interrogation is fraught a mere ritual. The argument that the custodial interrogation is fraught a mere ritual. The argument that t 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 responsible accused in all criminal cases. The Court has to presume that responsible ce officers would conduct themselves in task of disintering offences police officers would conduct themselves in task of disintering offences ce officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” would not conduct themselves as offenders.

#9. In the present case, the investigation is still at a crucial stage In the present case, the investigation is still at a crucial stage In the present case, the investigation is still at a crucial stage and the grant of anticipatory bail at this juncture will impede the fair and and the grant of anticipatory bail at this juncture will impede the fair and the grant of anticipatory bail at this juncture will impede the fair effective investigation. Considering the nature and seriousness of the effective investigation. Considering the nature and seriousness of the effective investigation. Considering the nature and seriousness of the effective investigation. Considering the nature and seriousness of the allegations, the specific role assigned, the stage of investigation as also allegations, the specific role assigned, the stage of investigation as also allegations, the specific role assigned, the stage of investigation as also necessity of custodial interrogation for verification of facts necessity of custodial interrogation for , this Court is of verification of facts, this Court is of CRM-M- -31975-2026 9 nion that the petitioner does not deserve the concession of the considered opinion that the petitioner does not deserve the concession of nion that the petitioner does not deserve the concession of the considered opi of the case in hand. anticipatory bail in the factual milieu of the case in hand. anticipatory bail in the factual

#10. (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. petition is devoid of merits and is hereby dismiss The instant petition is devoid of merits and is hereby dismiss 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 14, 202 Ajay 2026 Whether speaking/reasoned: Whether reportable: Yes/No Yes/No