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 o 2023 in FIR No.10 dated 03.06.2026 registered for offences punishable 2023 in FIR No.10 dated 03.06.2026 registered for offences punishable 2023 in FIR No.10 dated 03.06.2026 registered for offences punishable 2023 in FIR No.10 dated 03.06.2026 registered for offences punishable A of Prevention of Corruption Act, 1988 and Sections under Sections 7, 7-A of Prevention of Corruption Act, 1988 and Sections A of Prevention of Corruption Act, 1988 and Sections under Sections 7, 7 rict State 61(2), 308(2) of BNS at Police Station ACB Ambala, District State 61(2), 308(2) of BNS at Police Station ACB Ambala, Dist 61(2), 308(2) of BNS at Police Station ACB Ambala, Dist Vigilance & Anti Corruption Bureau, Haryana. Vigilance & Anti Corruption Bureau, Haryana. Vigilance & Anti Corruption Bureau, Haryana.

#2. was lodged on As per the prosecution case, the FIR in question was lodged on As per the prosecution case, the basis of a complaint made by Raman. It has been alleged therein that the basis of a complaint made by Raman. It the basis of a complaint made by Raman. It after the death of his father, who had obtained a vehicle loan from HDFC after the death of his father, who had obtained a vehicle loan from HDFC after the death of his father, who had obtained a vehicle loan from HDFC after the death of his father, who had obtained a vehicle loan from HDFC Mukesh Rani for Bank, the complainant approached bank employee namely Mukesh Rani for Bank, the complainant approached bank employee Bank, the complainant approached bank employee settlement of the loan account and issuance of a ‘No Objection Certificate settlement of the loan account and issuance of a settlement of the loan account and issuance of a No Objection Certificate’. llegedly demanded an illegal gratification However, the said Mukesh Rani allegedly demanded an illegal gratification llegedly demanded an illegal gratification However, the said of ₹80,000/ for processing the settlement, which was later reduced to 80,000/- for processing the settlement, which was later reduced to for processing the settlement, which was later reduced to ₹60,000/- -. It has been further alleged that Mukesh Rani provided the further alleged that the Mukesh Rani provided the CRM-M- -35804-2026 2 e number and name of the present petitioner Bhisham and directed the e number and name of the present petitioner Bhisham and directed mobile number and name of the present petitioner Bhisham and directed complainant to make payment to him. Unwilling to pay the bribe, the complainant to make payment to him. Unwilling to pay the bribe, the complainant to make payment to him. Unwilling to pay the bribe, the complainant to make payment to him. Unwilling to pay the bribe, the approached the Vigilance Bureau. A trap was organized complainant had approached the Vigilance Bureau. A trap was organized approached the Vigilance Bureau. A trap was organized complainant and tainted currency notes amounting to ₹60,000/- were handed over to the e handed over to the and tainted currency notes amounting to and tainted currency notes amounting to s, Mukesh Rani was allegedly complainant. During the trap proceedings, Mukesh Rani was allegedly complainant. During the trap proceeding complainant. During the trap proceeding handed while accepting the tainted amount. The marked caught red-handed while accepting the tainted amount. The marked handed while accepting the tainted amount. The marked caught red the course of currency notes were recovered from her possession. During the course of currency notes were recovered from her possession. During currency notes were recovered from her possession. During investigation, Mukesh Rani allegedly disclosed that she had demanded and investigation, Mukesh Rani allegedly disclosed that she had demanded and investigation, Mukesh Rani allegedly disclosed that she had demanded and investigation, Mukesh Rani allegedly disclosed that she had demanded and nt at the instance of the present petitioner. Consequently, accepted the amount at the instance of the present petitioner. Consequently, nt at the instance of the present petitioner. Consequently, accepted the amou the petitioner came to be nominated in the present case. the petitioner came to be nominated in the present case. the petitioner came to be nominated in the present case.

#3. Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the

petitioner has been falsely implicated into the FIR in question as he has petitioner has been falsely implicated into the FIR petitioner has been falsely implicated into the FIR in question as he has no connection with the alleged demand or acceptance of illegal gratification. connection with the alleged demand or acceptance of illegal gratification. connection with the alleged demand or acceptance of illegal gratification. connection with the alleged demand or acceptance of illegal gratification. Learned counsel has further iterated that the petitioner has never been Learned counsel has further iterated that the Learned counsel has further iterated that the no role in processing or employed with HDFC Bank and, therefore, has no role in processing or employed with HDFC Bank and, therefore, ha employed with HDFC Bank and, therefore, ha of the complainant. settling the loan account of the deceased father of the complainant settling the loan account of the dece settling the loan account of the dece According to learned counsel, the petitioner ha According to learned counsel, the worked as an Assistant petitioner has worked as an Assistant resigned from Sales Manager with HDFC Life Insurance Company and has resigned from Sales Manager with HDFC Life Insurance Company and ha Sales Manager with HDFC Life Insurance Company and ha service in September, 2024, much prior to the alleged occurrence. It has service in September, 2024, much prior to the alleged occurrence. It the service in September, 2024, much prior to the alleged occurrence. It been further contended that there is no allegation in the FIR that the urther contended that there is no allegation in the FIR that the contended that there is no allegation in the FIR that the petitioner ever demanded any money from the complainant. The entire set petitioner ever demanded any money from the complainant. The entire petitioner ever demanded any money from the complainant. The entire petitioner ever demanded any money from the complainant. The entire of allegation regarding demand of illegal gratification is attributed to co- allegation(s) regarding demand of illegal gratification is attributed to co regarding demand of illegal gratification is attributed to co of the accused Mukesh Rani, who was dealing with the loan account of the accused Mukesh Rani, who was dealing wit accused Mukesh Rani, who was dealing wit complainant and allegedly demanded the amount for issuance of a complainant No and allegedly demanded the amount for issuance of a ‘No Objection Certificate’. Furthermore, Objection Certificate the petitioner neither met the petitioner neither met the petitioner neither met any conversation with him regarding payment of complainant nor had any conversation with him regarding payment of any conversation with him regarding payment of complainant nor CRM-M- -35804-2026 3 money and the t Mukesh Rani allegedly shared the name and and the mere fact that Mukesh Rani allegedly shared the name and t Mukesh Rani allegedly shared the name and with the complainant does not establish his mobile number of the petitioner with the complainant does not establish his with the complainant does not establish his mobile number has emphasized that involvement in the alleged offence. Learned counsel has emphasized that involvement in the alleged offence. Learned counsel involvement in the alleged offence. Learned counsel accused recovery of the tainted currency notes has been effected from co-accused recovery of the tainted currency notes the recovery of the tainted currency notes Mukesh Rani and the petitioner was not present at the spot when the trap Mukesh Rani and the petitioner was not present at the spot when the trap Mukesh Rani and the petitioner was not present at the spot when the trap Mukesh Rani and the petitioner was not present at the spot when the trap proceedings were conducted. It has been contended proceedings were conducted. It has been contended that the nomination that the nomination of the petitioner in the present case is solely the petitioner based upon the disclosure solely based upon the disclosure statement of the co-accused, which by itself statement of the is a weak piece of evidence. accused, which by itself, is a weak piece of evidence Moreover, the ingredients of Sections 7 and 7 Moreover, A of the Prevention of the ingredients of Sections 7 and 7-A of the Prevention of Corruption Act are not attracted against the petitioner as he is not a public Corruption Act are not attracted against the petitioner as he is not a public Corruption Act are not attracted against the petitioner as he is not a public Corruption Act are not attracted against the petitioner as he is not a public ned counsel has further servant nor an employee of the concerned bank. Learned counsel has further servant nor an employee of the concerned bank. servant nor an employee of the concerned bank. abiding citizen, has deep roots in submitted that the petitioner is a law-abiding citizen, has deep roots in abiding citizen, has deep roots in submitted that the petitioner is a law society and is not at flight risk and, therefore, his custodial interrogation is society and is not at flight risk and, therefore, his custodial interrogation is society and is not at flight risk and, therefore, his custodial interrogation is society and is not at flight risk and, therefore, his custodial interrogation is the petitioner has clean not required. According to learned counsel; the petitioner has clean not required. According to learned counsel not required. According to learned counsel nts and is willing to join the investigation as and when required; nts and is willing to join the investigation as and when require nts and is willing to join the investigation as and when require antecedents and is willing to join the investigation as and when require shall not tamper with evidence or influence any witness and shall abide by shall not tamper with evidence or influence any witness and shall abide by shall not tamper with evidence or influence any witness and shall abide by shall not tamper with evidence or influence any witness and shall abide by arrest all the condition(s) imposed by the Court in case he is enlarged on pre-arrest all the condition(s) imposed by the Court in case he is enlarged on pre all the condition(s) imposed by the Court in case he is enlarged on pre ions, the grant of concession of bail. On strength of these submissions, the grant of concession of ions, the grant of concession of bail. On strength of these submiss anticipatory bail is entreated for. anticipatory bail is entreated for.

#4. Per contra, learned State counsel filed reply by way of an , learned State counsel has filed reply by way of an affidavit of Pardeep Yadav, DSP, State Vigilance and Anti Corruption affidavit of Pardeep Yadav, DSP, State Vigilance and Anti Corruption affidavit of Pardeep Yadav, DSP, State Vigilance and Anti Corruption affidavit of Pardeep Yadav, DSP, State Vigilance and Anti Corruption is taken on record. Bureau, Ambala Range, Ambala in Court today, which is taken on record. Bureau, Ambala Range, Ambala in Court today, which Bureau, Ambala Range, Ambala in Court today, which the allegations Referring to said reply, learned State counsel has iterated that the allegations Referring to said reply, learned State counsel has iterated that Referring to said reply, learned State counsel has iterated that against the petitioner are grave and serious in nature as they pertain to against the petitioner are grave and serious in nature as they pertain to against the petitioner are grave and serious in nature as they pertain to against the petitioner are grave and serious in nature as they pertain to demand and acceptance of illegal gratification in connection with settlement demand and acceptance of illegal gratification in connection with settlement demand and acceptance of illegal gratification in connection with settlement demand and acceptance of illegal gratification in connection with settlement of a loan account. The relevant part of the aforesaid reply reads thus: a loan account. The relevant part of the aforesaid reply reads thus: CRM-M- -35804-2026 4 Contention and specific role of the petitioner: “C. Contention and specific role of the petitioner:

#7. accused Mukesh Rani was caught red That on 03.06.2026 when co-accused Mukesh Rani was caught red That on 03.06.2026 when co handed and the tainted currency notes were recovered from her handed and the tainted currency notes were recovered from her handed and the tainted currency notes were recovered from her ssion, the investigating officer interrogated and arrested her. possession, the investigating officer interrogated and arrested her. ssion, the investigating officer interrogated and arrested her. Thereafter, she suffered her disclosure statement to the effect that she had Thereafter, she suffered her disclosure statement to the effect that she had Thereafter, she suffered her disclosure statement to the effect that she had demanded the money at the instance of Bhisham for the purpose of demanded the money at the instance of Bhisham for the purpose of demanded the money at the instance of Bhisham for the purpose of at during investigation, the settlement of the loan. It is further submitted that during investigation, the settlement of the loan. It is further submitted th complainant handed over recording of conversation done between him complainant handed over recording of conversation done between him complainant handed over recording of conversation done between him and accused Mukesh Rani and petitioner. Thereafter, the transcript of and accused Mukesh Rani and petitioner. Thereafter, the transcript of and accused Mukesh Rani and petitioner. Thereafter, the transcript of recorded conversation was prepared by ASI Sunil Kumar in the presence recorded conversation was prepared by ASI Sunil Kumar in the presence recorded conversation was prepared by ASI Sunil Kumar in the presence nvestigating officer. The perusal of transcript reveals of complainant and investigating officer. The perusal of transcript reveals nvestigating officer. The perusal of transcript reveals accused Mukesh Rani, one third that in addition to complainant and co-accused Mukesh Rani, one third that in addition to complainant and co person also demanded illegal gratification from the complainant. It is person also demanded illegal gratification from the complainant. It is person also demanded illegal gratification from the complainant. It is atement this further submitted that as per complainant's on asking of statement this further submitted that as per complainant's on asking of st third person is petitioner Bhisham. Moreover, the contents of complaint third person is petitioner Bhisham. Moreover, the contents of complaint third person is petitioner Bhisham. Moreover, the contents of complaint accused Mukesh Rani reveals that on 30.05.2026, complainant, co-accused Mukesh Rani reveals that on 30.05.2026, complainant, co provided the mobile number of one Bhisham and asked the complainant to provided the mobile number of one Bhisham and asked the complainant to provided the mobile number of one Bhisham and asked the complainant to hand over 80,000/- to him; however, however, the matter was settled for ₹60,000/ 60,000/-. vestigation of the case to It is, therefore, submitted that for qualitative investigation of the case to It is, therefore, submitted that for qualitative in unearth the larger conspiracy in this matter and to obtain the voice unearth the larger conspiracy in this matter and to obtain the voice unearth the larger conspiracy in this matter and to obtain the voice petitioner, a sustained and continues custodial sample of accused- petitioner, a sustained and continues custodial petitioner, a sustained and continues custodial petitioner is required by the questioning/ interrogation of the accused-petitioner is required by the questioning/ interrogation of the accused investigating agency. Hence, the present petition is liable to be dismissed. investigating agency. Hence, the present petition is liable to be dismissed. investigating agency. Hence, the present petition is liable to be dismissed. For the kind perusal of this Hon'ble High Court, the true translate copy of For the kind perusal of this Hon'ble High Court, the true translate copy of For the kind perusal of this Hon'ble High Court, the true translate copy of transcript and disclosure statement of co accused Mukesh Rani are ment of co-accused Mukesh Rani are 3 respectively. annexed as annexures R-2 & R-3 respectively.

#8. That the material which has already been collected during the That the material which has already been collected during the That the material which has already been collected during the petitioner in investigation clearly points towards involvement of accused -petitioner in investigation clearly points towards involvement of accused etitioner is required for custodial the alleged offence. The accused-petitioner is required for custodial the alleged offence. The accused interrogation in order to unearth the complete facts of the case. interrogation in order to unearth the complete facts of the case. interrogation in order to unearth the complete facts of the case. petitioner is not entitled to the concession of Therefore, the accused-petitioner is not entitled to the concession of petitioner is not entitled to the concession of anticipatory bail.” Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, ed State counsel has sought for dismissal of the petition in hand. learned State counsel has sought for dismissal of the petition in hand. ed State counsel has sought for dismissal of the petition in hand.

#5. and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case. CRM-M- -35804-2026 5

#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 Sup relevant whereof reads as under: Punjab, 2025 INSC 320, relevant whereof reads as under: Punjab, 2025 INSC 320, 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 n 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 of 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 of 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 nnot be said that any exceptional circumstances hand is concerned, it cannot be said that any exceptional circumstances nnot be said that any exceptional circumstances have been made out by the petitioner accused for grant of anticipatory have been made out by the petitioner accused for grant of anticipatory have been made out by the petitioner accused for grant of anticipatory 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 Investigation v. V. Vijay Sai Reddy reported in (2013) Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) Investigation v. V. Vijay Sai Reddy reported in (2013) , wherein this Court expressed thus: 7 Scale 15, wherein this Court expressed thus: “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 character of the accused, circumstances which are peculiar to the character of the accused, circumstances which are peculiar to the character of the accused, circumstances which are peculiar to the 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 at for other similar considerations. It has also to be kept in mind that for other similar considerations. It has also to be kept in mind th 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 accused satisfy it as to whether there is a genuine case against the accused satisfy it as to whether there is a genuine case against the 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 innoce 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 mind while considering the plea for anticipatory bail. The salutary rule is mind while considering the plea for anticipatory bail. The salutary rule is mind while considering the plea for anticipatory bail. The salutary rule is e 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 e 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. CRM-M- -35804-2026 6

#24. If liberty is to be denied to an accused to ensure 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 corruption free ts should not hesitate in denying such liberty. Where society, then the courts should not hesitate in denying such liberty. Where ts 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 et is filed, the court say that once the investigation is over and charge-sheet is filed, the court say that once the investigation is over and charge 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 famous pronouncement that all men have their price, notwithstanding the famous pronouncement that all men have their price, notwithstanding the famous pronouncement that all men have their price, notwithstanding the savoury 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 savoury 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, ell because there was corruption Romain Rolland lamented that France fell because there was corruption Romain Rolland lamented that France f 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 spheres of our day to day life, all 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 the world over, the limited meaning of 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 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. If even a fraction of what was the vox pupuli about 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 the magnitude 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, 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 ogress of our asked to name one sole factor that effectively arrested the progress of our asked to name one sole factor that effectively arrested the pr 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 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 corrupt elements hired assassins to its law and order, then that is from the corrupt elements at the higher echelons of the Government and of the political parties. f the Government and of the political parties.”

#7. As per the material available on record, indubitably, serious material available on record, indubitably, serious As per the prosecution allegations have been levelled against the petitioner. As per the prosecution allegations have been levelled against the petitioner. allegations have been levelled against the petitioner. involved in a case, the petitioner is alleged to be one of the person(s) involved in a case, the petitioner is alleged to be one of the person case, the petitioner is alleged to be one of the person conspiracy to obtain illegal gratification from the complainant for conspiracy to obtain illegal gratification from the complainant for conspiracy to obtain illegal gratification from the complainant for conspiracy to obtain illegal gratification from the complainant for No facilitating settlement of a vehicle loan account and issuance of a ‘No facilitating settlement of a vehicle loan account and issuance of a facilitating settlement of a vehicle loan account and issuance of a . The allegation is that when the complainant objected Objection Certificate’. The allegation is that when the complainant objected . The allegation is that when the complainant objected Objection Certificate to the demand of ₹80,000/- raised by co-accused Mukesh Rani, she reduced accused Mukesh Rani, she reduced accused Mukesh Rani, she reduced to the demand of CRM-M- -35804-2026 7 the amount to ₹60,000/- and thereafter provided the complainant with the and thereafter provided the complainant with the and thereafter provided the complainant with the the amount to and asked the name and mobile number of the present petitioner and asked the name and mobile number of the present petitioner name and mobile number of the present petitioner complainant to hand-over the money to complainant to hand . The the money to the present petitioner. The prosecution has further alleged that the petitioner prosecution actively associated that the petitioner was actively associated with the demand of illegal gratification. During the trap proceedings, co- with the demand of illegal gratification. During the trap proceedings, co with the demand of illegal gratification. During the trap proceedings, co with the demand of illegal gratification. During the trap proceedings, co accused Mukesh Rani was allegedly apprehended while accepting the accused Mukesh Rani was allegedly apprehended while accepting the accused Mukesh Rani was allegedly apprehended while accepting the accused Mukesh Rani was allegedly apprehended while accepting the tainted currency notes from the complainant. tainted currency notes from the co mplainant. Thereafter, she suffered suffered a been demanded and disclosure statement stating that the amount has been demanded and disclosure statement stating that the amount ha disclosure statement stating that the amount ha accepted at the instance of the petitioner for securing settlement of the loan accepted at the instance of the petitioner for securing settlement of the loan accepted at the instance of the petitioner for securing settlement of the loan accepted at the instance of the petitioner for securing settlement of the loan account. The investigating agency has also relied upon the transcription of account. The investigating agency has also relied upon the transcription account. The investigating agency has also relied upon the transcription account. The investigating agency has also relied upon the transcription investigation. recorded conversations obtained during the course of investigation. recorded conversations obtained during recorded conversations obtained during reveal the According to the prosecution, the said conversations prima facie reveal the According to the prosecution, the said conversations According to the prosecution, the said conversations involvement of the petitioner in the demand of illegal gratification and involvement of the petitioner in the demand of illegal gratification and involvement of the petitioner in the demand of illegal gratification and involvement of the petitioner in the demand of illegal gratification and reflect that he was the person at w hose behest the illegal gratification was that he was the person at whose behest the illegal gratification was hose behest the illegal gratification was demanded. Although no recovery has been effected from the petitioner but demanded. Although no recovery has been effected from the petitioner demanded. Although no recovery has been effected from the petitioner the prosecution has relied the version of the complainant the prosecution , the disclosure of the complainant, the disclosure statement of the co-accused & the recorded conversations collected statement of the co during the recorded conversations collected during which connect him to the commission of offence in question. investigation which connect him to the commission of offence in question. which connect him to the commission of offence in question. investigation At this stage, the material collected during investigation cannot be brushed At this stage, the material collected during investigation cannot be brushed At this stage, the material collected during investigation cannot be brushed At this stage, the material collected during investigation cannot be brushed aside as vague or baseless. The contention that the petitioner is innocent aside as vague or baseless. The contention that the petitioner is innocent aside as vague or baseless. The contention that the petitioner is innocent aside as vague or baseless. The contention that the petitioner is innocent demand or acceptance of illegal gratification is a and there is no direct demand or acceptance of illegal gratification is a demand or acceptance of illegal gratification is a and there is no direct matter of trial and requires appreciation of evidence and not to be matter of trial and requires appreciation of evidence and not to be matter of trial and requires appreciation of evidence and not to be matter of trial and requires appreciation of evidence and not to be considered at the stage of considering anticipatory bail. At this stage, the considered at the stage of considering anticipatory bail. At this stage, the considered at the stage of considering anticipatory bail. At this stage, the considered at the stage of considering anticipatory bail. At this stage, the taken at face value, Court is only required to see whether the allegations, if taken at face value, Court is only required to see whether the allegations, if Court is only required to see whether the allegations, if disclose the commission of a cognizable offence and whether custodial disclose the commission of a cognizable offence and whether custodial disclose the commission of a cognizable offence and whether custodial disclose the commission of a cognizable offence and whether custodial interrogation is necessary for effective investigation. The stand of the interrogation is necessary for effective investigation. The stand of the interrogation is necessary for effective investigation. The stand of the interrogation is necessary for effective investigation. The stand of the CRM-M- -35804-2026 8 investigating agency before this Court is that the custodial interrogation of investigating agency before this Court is that the custodial interrogation of investigating agency before this Court is that the custodial interrogation of investigating agency before this Court is that the custodial interrogation of unearth the complete facts of the case. the petitioner is necessary to unearth the complete facts of the case. the petitione

#8. 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 implicated into the present FIR. Furthermore, the Court below ha implicated into the present s already Furthermore, the Court below has already declined the plea of the petitioner after considering the relevant factors, declined the plea of the petitioner after considering the relevant factors, declined the plea of the petitioner after considering the relevant factors, declined the plea of the petitioner after considering the relevant factors, including the manner in which the name of the petitioner surfaced during including the manner in which the name of the petitioner surfaced during including the manner in which the name of the petitioner surfaced during including the manner in which the name of the petitioner surfaced during It is befitting to mention here that while considering a plea for investigation. It is befitting to mention here that while considering a plea for It is befitting to mention here that while considering a plea for investigation. atory bail, the Court has to equilibrate between safeguarding grant of anticipatory bail, the Court has to equilibrate between safeguarding atory bail, the Court has to equilibrate between safeguarding grant of anticip 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 igation as also the deeper and wide accused; the need for fair and free investigation as also the deeper and wide igation as also the deeper and wide accused; the need for fair and free invest 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 petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and preliminary investigation, appear investigation, appear investigation, appear investigation, appear to be established a reasonable basis for the to be established a reasonable basis for the to be established a reasonable basis for the 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 investigation. In State v. Anil Sharma, (1997) 7 investigation. In SCC 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 ced with a favourable order under Section 438 of the Code. In well-ensconced with a favourable order under Section 438 of the Code. In ced 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 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 CRM-M- -35804-2026 9 at the custodial interrogation is fraught a mere ritual. The argument that the custodial interrogation is fraught at 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 responsible accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering offences police officers would conduct themselves in task of disintering offences police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” would not conduct themselves as offenders.

#9. It is well settled that anticipatory bail is an extraordinary It is well settled that anticipatory bail is an extraordinary It is well settled that anticipatory bail is an extraordinary remedy and is not mean to be granted as a matter of course. In the present remedy and is not mean to be granted as a matter of course. In the present remedy and is not mean to be granted as a matter of course. In the present remedy and is not mean to be granted as a matter of course. In the present case, the investigation is still at a crucial stage and the grant of anticipatory case, the investigation is still at a crucial stage and the grant of anticipatory case, the investigation is still at a crucial stage and the grant of anticipatory case, the investigation is still at a crucial stage and the grant of anticipatory e fair and effective investigation. bail at this juncture will impede the fair and effective investigation. e fair and effective investigation. bail at this juncture will impede th Considering the nature and seriousness of the allegations, the specific role Considering the nature and seriousness of the allegations, the specific role Considering the nature and seriousness of the allegations, the specific role Considering the nature and seriousness of the allegations, the specific role the necessity of custodial assigned, the stage of investigation as also the necessity of custodial assigned, the stage of investigation as also assigned, the stage of investigation as also interrogation for verification of facts, this Court is of the consider interrogation for ed opinion , this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the that the petitioner does not deserve the concession of anticipatory bail in the that the petitioner does not deserve the concession of anticipatory bail in the that the petitioner does not deserve the concession of anticipatory bail in the factual milieu milieu of the case in hand.

#10. (i) (ii) In view of the prevenient ratiocination, it is ordained thus: In view of the prevenient ratiocination, it is ordained thus: The instant petition is devoid of merits and is hereby d ismissed. 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 23, 202 Ajay 2026 Whether speaking/reasoned: Whether reportable: Yes/No Yes/No