The court determined the criteria for granting anticipatory bail while emphasizing cooperation in the investigation.

O R D E R

Leave granted.

This appeal challenges the order dated

23.12.2024 passed by the High Court of Delhi at New Delhi in Bail Application No. 2828 of 2024.

Apprehending arrest in connection with crime registered pursuant to FIR No.142 of 2024 dated 19.07.2024 lodged with Police Station Crime Branch, Delhi in respect of the offences punishable under Sections 420 , 464, 465, 471 of Indian Penal Code 1860, and Section 66D of the Signature Not Verified Information Technology Act , 2000 and Section Digitally signed by BORRA LM VALLI Date: 2025.05.21

17:29:50 IST Reason:

89/91 of the Rights of Persons with Disabilities Act , 2016, the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter “BNSS”).

The said application for anticipatory bail has been rejected by the High Court vide the impugned order dated 23.12.2024. Hence, the instant appeal has been preferred.

By order dated 15.01.2025, while issuing notice, this Court granted interim protection in favour of the appellant.

We have heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-state.

Learned senior counsel appearing for the appellant herein submitted that FIR No.142 of 2024 has been registered against the appellant herein under Sections 420 , 464, 465, 471 of the Indian Penal Code , 1860 and Section 66D of the Information Technology Act , 2000 and Section 89 /91 of the Rights of Persons with Disabilities Act , 2016; that these offences are alleged against the appellant which have to be proved in accordance with law beyond reasonable doubt; that the investigation as against the appellant herein is being conducted since July, 2024 and there has been complete cooperation by the appellant in the investigation; that having regard to the nature of offences alleged against her and bearing in mind the facts and circumstances of the case this is a fit case where the High Court ought to have granted the relief of anticipatory bail to the appellant herein. In the circumstances, it was contended that the impugned order may be set aside and the relief may be granted to the appellant herein subject to the terms and conditions to be imposed on her.

Per contra, learned counsel appearing for the respondent vehemently objected to the grant of relief to the appellant herein inasmuch as the appellant has not been cooperating with the investigation although she may be appearing before the investigating authority as and when she has been summoned to do so. Learned counsel contended that the allegations against the appellant herein are serious inasmuch as she has exceeded in the number of attempts which she could take in appearing for the civil services exam on the basis of a disability certificate which has been procured by her fraudulently, when in fact she is not entitled to that certificate at all. He contended that if any relief of anticipatory bail is granted to the appellant herein, then the investigation itself may be jeoparadised and consequently the criminal proceedings would be frustrated. Learned counsel therefore, submitted that the High Court was right in dismissing the plea made for anticipatory bail and there is no merit in this appeal.

Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 of BNSS. We, therefore, allow this appeal and set aside the order passed by the High Court dated

23.12.2024.

We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only)

with two like sureties.

It is directed that the appellant shall extend complete cooperation in the ensuing investigation.

The appellant shall not misuse her liberty and shall not in any way influence the witnesses or tamper with the material on record.

Should there b