2023 (6) TMI 248 - PUNJAB AND HARYANA HIGH COURT

Seeking grant of Anticipatory bail - running of fake firms based on forged and fictitious documents - HELD THAT:- The Hon’ble Supreme Court in the case of SUMITHA PRADEEP VERSUS ARUN KUMAR C.K & ANR. [2022 (10) TMI 1177 - SUPREME COURT], held that merely because custodial interrogation was not required by itself could not be a ground to grant anticipatory bail. The first and the foremost thing the Court hearing the anticipatory bail application is to consider is the prima facie case against the accused.

In the instant case, a perusal of the affidavits of the State dated 2.3.2023 and 27.03.2023 would show the manner in which the investigation was conducted and the specific role played by the petitioner. In fact he and his co-accused had set up a fictitious firm/companies and thereby cheated the government of crores of rupees. Thus, an offence is prima facie established against him. Even otherwise, recoveries of various documents are to be effected from the petitioner and the names of the real beneficiaries are to be revealed. Therefore, the custodial interrogation of the petitioner is certainly required.

The present petition for grant of anticipatory bail stands dismissed.