Anticipatory bail sought in a cyber fraud FIR alleging cheating of Rs.99,999 through fake courier customer-care calls. Investigation linked the petitioner's mobile number to bank accounts opened on forged documents. Custodial interrogation held necessary at the threshold stage; petition dismissed.
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Date of Decision: 23.12.2024 Ravikant Kumar @ Ravi Kant @ Folten ..... Petitioner Versus
State of Haryana .......Respondent
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Present: Mr.Shahid Anwer, Advocate, for the petitioner (through VC).
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SHARMILA DEVI 2024.12.23 14:34 I attest to the accuracy and integrity of this order/judgment PHHC
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committed fraud with her by withdrawing Rs.99,999/�. Request was made to take legal action against the culprit. On the registration of the FIR, the investigation commenced. Apprehending arrest, the petitioner approached the Court of learned Additional Sessions Judge, Rohtak praying for grant of anticipatory bail. However, after hearing both the sides, finding no merit in the same, learned Court declined the same vide its order dated 25.10.2024. Aggrieved by the same, the petitioner is before this Court praying for grant of anticipatory bail.
the State. He has opposed the submissions made by counsel for the petitioner. He has submitted that the petitioner has played a key role in the
SHARMILA DEVI 2024.12.23 14:34 I attest to the accuracy and integrity of this order/judgment PHHC
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commission of offence. He submits that during the investigation, it has been found that the Bank accounts used in the offence were linked with the mobile number of the petitioner and the amount was transferred to the same account. He submits that the petitioner is at large since the date of registration of the FIR and thus, there being no merit in the present petition, the same deserves to be dismissed.
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1. When any person has reason to believe that he may be arrested on
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an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
2. When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
!'#(8#+ (1997) 7 SCC 187 has held as under:�
“6. We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favorable order under Section 438 if the code. In a case like this effective interrogation of suspected person is of tremendous advantage in disintering many useful informations and also materials which would have been concealed. Succession such interrogation would elude if the suspected person knows that he is well protected and insulted by a pre�arrest bail during the time he interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced,
SHARMILA DEVI 2024.12.23 14:34 I attest to the accuracy and integrity of this order/judgment PHHC
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for, such an argument can be advanced by all accused in all criminal cases. The court has to presume that responsible Police Officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.”
�9(3#:&'�!,02'�!,33,#�7& �!.#.%�/1��90$#3 , AIR 1980 SC 1632, has time and again reiterated that while considering the anticipatory bail the Court is to take into consideration the factors like gravity of offence, chances of accused tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society as well. The anticipatory bail is an extraordinary discretion which should be exercised in the extraordinary circumstances.
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SHARMILA DEVI 2024.12.23 14:34 I attest to the accuracy and integrity of this order/judgment PHHC
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a cyber fraud FIR where his mobile number was linked to fake bank accounts used in the offence.
Colour shows how this judgement treated each authority
(1997) 7 SCC 187Relied on¶8
9 provisions across 3 enactments
Ravikant Kumar @ Ravi Kant @ Folten
State of Haryana
Sharmila Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
