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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
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 bribe from a Contractor of Oil India Limited and in course of his interrogation, it was revealed that he had received two gold chains from the petitioner on 12.04.2025 at Tinsukia as illegal gratification for favoring the firm namely, M/s Industrial Trade and Agencies owned by Sri Pradeep Kumar Kasera, father of the petitioner, against a tender worth Rs. 3 crores for the supply of Genset awarded to th
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 ....
Pre-arrest bail denied in serious offences of abduction, assault and robbery where petitioners named by co-accused, custodial interrogation needed for ongoing investigation with recoveries pending, a....
Lack of substantial evidence linking the accused to the crime justifies granting pre-arrest bail under Section 438, ensuring individual liberty is protected against unwarranted arrest.
Anticipatory bail is not automatically granted based on custodial interrogation needs; courts must assess the prima facie case and severity of allegations against the accused.
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