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2026 Supreme(Online)(P&H) 9663

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J
Dushyant – Appellant
Versus
State Of Haryana – Respondent
CRM-M-17674-2026



Advocates:
For the Appellants/Petitioners: Navmohit Singh
For the Respondents: Viney Phogat

Anticipatory bail cannot be granted solely on the ground that custodial interrogation is not required; the court must primarily assess the existence of a strong prima facie case, the nature of the offence, and the severity of the potential punishment.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita (BNSS) - Section 183 - Prevention of Corruption Act (PC Act) - Sections 7, 7A, 13(1)(b) - Bharatiya Nyaya Sanhita (BNS) - Sections 61, 127, 201, 212, 233, 308 - Anticipatory bail - Petitioner, a Police Constable, allegedly involved in a corruption conspiracy with senior officers involving demand and acceptance of illegal gratification - Statement of witness recorded under Section 183 BNSS clearly implicates petitioner - Call detail records and location data place petitioner at location of bribe payment - Custodial interrogation is necessary given gravity of offence - Application for anticipatory bail dismissed. (Paras 8, 9, 10, 11)

(B) Anticipatory Bail - Parameters for grant - Custodial interrogation is one of many relevant aspects - The court must first consider the prima facie case against the accused - Gravity of offence and severity of punishment are critical considerations, and absence of necessity for custodial interrogation is not a sufficient ground for granting bail if a prima facie case exists. (Para 7)

Facts of the case:
Petitioner filed a petition for anticipatory bail in connection with FIR registered under various sections of BNS and the PC Act. The prosecution alleges that the petitioner, while serving as a Constable, conspired with senior police officials to extort and accept bribes from individuals in relation to a fake ghee manufacturing case. The investigation relies on witness statements recorded under Section 183 BNSS, call detail records, and CCTV footage.

Findings of Court:
The Court observed that a strong prima facie case was established against the petitioner based on witness testimony and technical evidence (CDRs/Location). The court found that custodial interrogation was essential to reach the logical conclusion of the investigation.

Issues: Whether the petitioner is entitled to anticipatory bail when there is strong prima facie evidence of involvement in a corruption conspiracy involving police officials.

Ratio Decidendi: The Court held that when a strong prima facie case exists involving serious offences such as corruption by public servants, the discretion for anticipatory bail should not be exercised, and custodial interrogation is warranted to ensure the integrity and progress of the investigation.

Result: Petition dismissed.

Table of Content
1. detailed sequence of events regarding criminal investigation and evidence collection. (Para 1 , 2 , 3)
2. contentions of the petitioner regarding subordinate role versus state's claim of prima facie complicity. (Para 4 , 5)
3. judicial assessment of the necessity of custodial interrogation in corruption cases. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)

JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in case FIR No.03 dated 10.01.2026 under Sections 127(2), 201, 212(a), 217, 233, 3(5), 61 BNS and Sections 7, 7A, 13(1)(b) PC Act (Sections 308(4), 308(5) BNS and Section 13(1)(b) PC Act added later on) registered at Police Station Gohana City, District Sonipat.

2. The present FIR came to be registered on the basis of the investigation by an SIT and reads as under:-

SIT Case No. 462 Date 10.12.2025 Police Station City Gohana Sent Hon'ble Deputy Commissioner of Police Gohana. Report regarding corruption committed by Inspector Arun Kumar, ASI Sandeep 191/Sonipat, HC Basau 851/Sonipat, CT Dushyant 523/Sonipat.

No. 54/ACP/MHN dated 10.01.2026 Mr. According to the letter number 23-28/R DCP/GHN/DATED 09/01/2025 from the office of District Police Deputy Commissioner, Gohana, in case number 462 dated 10.12.2025, Section 274, 275, 318(4), 125, 61(2) BNS, 63 COPY RIGHT ACT, SIT team was formed in PS CITY GOHANA. Under my supervision, SIT team members Manager Officer Mohana, P/SI Jitendra Research Officer Police Station Mohana, SI Mohit 2300/Sonipat Cyber Cell Gohana have been appointed. For further investigation of the case, two accused in the police file and charge sheet, Nand Kishore alias Naresh son of Balle Ram resident of House No. 573, Rajendra Nagar Jind and Anand son of Omprakash resident of House No. 1264/7 Shyam Nagar Jind Police Station City Jind were brought to Police Station Mohana by SI Sabbal/Sonipat in-charge Police Post Samta and handed over to SIT. The accused were questioned by the SIT in connection with the charges. The above mentioned accused Nandkishore alias Naresh told during interrogation that he was arrested earlier in case no. 218 dated 05.11.2024 under sections 318(4), 319(2), 336(3)(4), 340(2), 341(2)(3)(4), 350(2), 274, 275, 3(5), 61(2) BNS, 63, 54 COPY RIGHT ACT at Police Station Kaim Grach, Delhi in connection with making fake ghee and in this case his co-accused Anand son of Om Prakash Yaasi, house no. 1264/7 Shyam Nagar Jind, Rohit Agarwal, Hrithik Khandelwal, Sanjay Bansal residents of Delhi were also arrested. Accused Nandkishore came out on bail from Tihar Jail, Delhi on 22.04.2025. After coming out, he started supplying grocery items from his Eco vehicle number HR14Q-2186 and about 2-3 months ago, he took a rented house on Bhanbori Road in town Uchana Jind and started manufacturing fake ghee in it, in which 80 percent shareholder was Nandkishore, 10 percent shareholder was Anand Wasiyan Jind and 10 percent shareholder was Joginder resident of village Barsola Jind, whose main head is Nandkishore alias Naresh. On 10.12.2025, Nandkishore alias Naresh loaded fake desi ghee brand Vita in an Ertiga vehicle number HR 225 7104 and sent it to Rohtak, which was caught by the police party of City Police Station Gohana near Mahadev Resort, in which the driver Sunil son of Pratim Singh resident of Gurdwara Colony Rohtak Road, District Jind was arrested, who was produced before the Honorable on 11.12.2025 and sent to district jail of Sonipat. During the investigation, accused Nandkishore alias Naresh was arrested on 11.12.2025 and produced before the court on 12.12.2025 and taken on two days police custody remand. During the investigation, as per the confession of accused Nandkishore, the names of Kalu Pandit resident of Jhajjar, Sanjay Pasrija resident of New Delhi, Gaurav Jindal resident of Naharpur Rohini Delhi were written. On 08.01.2026, production warrant of accused Nandkishore was issued from the hono

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