Anticipatory bail is justified when the accused cooperates with the investigation and custodial interrogation is not necessary.

Order :

1. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.356/2024 registered at Police Station Jai Narayan Vyas Colony, District Bikaner for the offences under Sections 3 , 7 of Essential Commodities Act, 1955 .

2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the petitioner has violated the various provisions of the Fertilizer Control Order, 1985 and the Essential Commodities Act, 1955 .

3. Learned counsel submitted that a bare perusal of the FIR would indicate that the custodial interrogation of the present petitioner is not necessitated in the present case. The petitioner, pursuant to the interim order dated 18.12.2024 passed by this Court, has already joined the investigation and therefore, no fruitful purpose would be served by sending him behind the bars for an indefinite period. It was, thus, prayed that the petitioner may be released on anticipatory bail.

4. Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he could not tell the Court as to whether any recovery is due to be made from the present petitioner or not. Learned Public Prosecutor did not dispute the fact that the petitioner has already joined the investigation.

5. Heard the learned counsel for the parties and perused the impugned order.

6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C .

7. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Nikit Lamba S/o Satyaveer Singh in connection with FIR No.356/2024 registered at Police Station Jai Narayan Vyas Colony, District Bikaner the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer;and

(iii). that the petitioner shall not leave India without previous permission of the court.