Anticipatory bail may be granted if the accused has cooperated with the investigation, key evidence is recovered from co-accused, and the investigating agency fails to examine crucial witnesses despite the passage of time.

Order

1. Apprehending his arrest in connection with FIR No.201/2024, registered at Police Station Govindgarh (Alwar), District Alwar, for the offences under Sections 419, 420, 411, 414 and 120-B of IPC, the accused-petitioner has preferred this criminal miscellaneous bail application under Section 482 of B.N.S.S.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the petitioner has appeared before the Investigating Agency as per the direction passed by the Court vide order dated 31.07.2025. It is also contended that the petitioner has not received any amount in his account, whereas it is alleged against the petitioner that some amount was received in his account by deceiving Priyanka Sharma, however, no investigation was made and police has not recorded the statment of Priyanka Sharma. It is further contended that the ATM Card and Rupay Card of PNB and SBI Banks were recovered from the other co-accused i.e., Rahul Khan and the petitioner ATM Card was also recovered from the possession of the other co-accused Rahul Khan. It is argued that the petitioner is ready and willing to cooperate with the investigation, therefore, his anticipatory bail application may be allowed.

3. Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application.

4. Heard and perused the factual report dated 01.01.2026.

5. The petitioner has appeared before the Investigating Officer pursuant to the order dated 31.07.225. It is an admitted fact that the recovery of Rupay Card of various Banks were effected from the other co-accused. In the factual report, it is stated that the petitioner has denied to disclose the fact that how the money from Priyanka Sharma's account was deposited in his account, however, the Investigating Officer has not examined Priyanka Sharma; the matter pertains to year 2024 and charge-sheet against the other co-accused was submitted on 29.07.2024. Therefore, considering the aforesaid fact, without expressing anything on the merits of the case, this Court deems it just and proper to allow the anticipatory bail application of the accused-petitioner.

6. Accordingly, the anticipatory bail application under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioner- Shahrukh S/o Nasru, in connection with FIR No.201/2024, registered at Police Station Govindgarh (Alwar), District Alwar, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station 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.