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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Tushar Kasera, Son of Pradip Kasera – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. allegations of bribery and illegal gratification. (Para 2 , 3 , 4) |
| 2. arguments regarding necessity of custodial interrogation. (Para 5 , 10 , 17) |
| 3. court's reasoning on custodial interrogation and bail considerations. (Para 6 , 8 , 9 , 12 , 13 , 15 , 16 , 18) |
| 4. factors for considering anticipatory bail. (Para 11 , 14) |
| 5. granting of pre-arrest bail with conditions. (Para 19 , 20) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. Diganta Das, learned Senior Counsel for the petitioner. Also heard Ms. M. Kumari, learned Standing Counsel for the respondent.
2. This application has been preferred by the petitioner namely, Tushar Kasera under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and under Section 438 of CrPC, 1973, praying for pre-arrest bail, apprehending arrest in connection with CBI/AC-II/New Delhi P.S. Case No. RC2172025A0019, dated 18.08.2025 under Sections 7,9,10 and 12 of the P.C. Act read with Section 61(2) of the BNS, 2023.
3. It appears from the record that one Prayas Chakraborty, Deputy General Manager(Material), Duliajan, Oil India Limited was arrested in connection with RC.2172025A0012/AC-II/New Delhi on the allegation of accepting brib
Anticipatory bail can be granted when custodial interrogation is unwarranted, balancing individual liberty with public justice in corruption cases.
Anticipatory bail is not a matter of right and should be denied in corruption cases where substantial evidence exists, to prevent interference with the investigation.
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
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