Anticipatory bail may be granted when the accused's involvement is minimal and custodial interrogation is not justified, provided stringent conditions are imposed to ensure compliance and prevent interference with the investigation.

JUDGMENT

Mr. Anoop Chitkara, J.

The petitioner apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. In paragraph 19 of the bail petition, the accused declares that he has no criminal antecedents.

3. petitioner's counsel prays for bail by imposing any stringent conditions and are also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. The petitioner contends that custodial interrogation and pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. The state's counsel opposes the bail. Reply dated 07.03.2024 filed by State counsel today in the Court is taken on record. Copy thereof has been supplied to counsel for the petitioner.

5. The prosecution case is being taken from reply dated 07.03.2024, which reads as follows:

"4. That after the creation of new road alignment in the above mentioned five villages the accused Anand Sagar Sharma the then SDM-cum-CALA Hoshiarpur involved his near and close persons namely Harpinder Singh etc. That accused Harpinder Singh started purchasing the agricultural land in villages Khawaspur and Hardokhanpur in his own name and in the name of his family members/relatives/close associates. Thereafter, in connivance and conspiracy with accused Anand sagar sharma, the accused Harpinder Singh and other accused mentioned in this FIR received compensation on colony/residential rates, which is totally unfair and illegal in the eyes of law. It is worth while to mention here that the present SIT while during the course of investigation obtained reports from the concerned departments to verify and investigate the facts as following:

(i) The SIT obtained report dated 04/10/2023 from the office of District town planner Hoshiarpur and as per this report/record no CLU/Lay out/Site plan/NOC were issued by the then office. In fact there is no communication between any of the accused who filed application under 3C and the Office of District town planner with regard to same. It is crystal clear from the report of DTP dated 4/10 /2023 that there is no basic facility like street lights/drainage system/water supply etc. available even as on date as per the record. (Copy of the report dated 4/10/2023 is attached as annexure- 2).

(ii) That during the course of investigation the report from PSPCL was also obtained. While in the said report dated 10/10/2023 it is specially mentioned that none of the accused who filed application under 3C has applied for issuance/installation of the electricity meter nor the same has been issued by the department as per the office record. (The copy of said PSPCL report dated 10/10 / 2023 is attached as annexure-3).

(iii) That the current/latest report from the revenue department was also obtained by the SIT during the course of investigation and as per the said report dated 21/9/2023 there is no colony/residential area in the said land described by the accused while filing application under 3C. Even the said area is surrounded by agricultural land with crops as well. (The copy of revenue report dated 21/9 /2023 is attached as annexure-4).

5. That as per the law laid down in the National Highway Act 1956 under Section 3D(2);-

"On the publication of the declaration under sub-Section (1), the land shall vest absolutely in the Central Government free from all encumbrances." But the accused and the then SDM cum CALA Anand sagar sharma, in connivance and conspiracy with other accused and by abusing process of law kept transferring the ownership titles i