AMIT SHARMA
Haresh Kumar Choudhary – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J.
1. The present application under Section 438 of the Code of Criminal Procedure, 1973 ('CrPC.) seeks grant of anticipatory bail in case FIR No. 149/2022, dated 22.07.2022 under Sections 419/420/468/471/120B/34 of the Indian Penal Code, 1860 ('IPC.) registered at PS Crime Branch.
2. Briefly stated, the facts of the present case are as follows:
i. On 22.07.2022, information was received at PS Crime Branch that a person named Lucky alongwith his associates was involved in cheating people and obtaining money from them on the pretext of getting their loans sanctioned under the 'Pradhan Mantri Mudra Loan' and received the said money in fake bank accounts. It was stated that Lucky and his associates opened several fake bank accounts in order to receive the money and had even purchased several SIM Cards to call people.
ii. Acting on the said information, the informer, alongwith a team of police personnel reached C-Block, New Ashok Nagar, Delhi at about 9:50 AM on 22.07.2022.
iii. The informer identified a person standing nearby as Lucky. Lucky was apprehended and under interrogation, disclosed that he and his associates cheated people on the pretext of getting their l
The importance of custodial interrogation in disinterring useful information and materials, and the potential prejudice to the ongoing investigation if anticipatory bail is granted.
The severity of the offense, the nature of the materials relied upon by the prosecution, and the likelihood of the accused absconding are key considerations in determining bail applications.
Criminal Proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the court. Superior Courts while exercising this power should also strive to se....
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
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