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2020 (7) TMI 616 - HC - Indian LawsGrant of anticipatory bail - cheating - sale of Gold - total mismatch as regards the contents of the FIR and the investigation which has been carried out on the basis of the FIR - HELD THAT:- Admittedly, the FIR was registered with allegation of cheating with the complainant regarding the sale of gold by the complainant and his mother Usha Rani with the firm M/s. Kartike Gold Enterprises owned by petitioner No.1. Later on, by registering two DDR Nos.49 and 50 dated 19.06.2020, certain new facts on the basis of the complaints given by the petitioners were added in the present FIR, a procedure which is unknown to the criminal law. There is no such provision in Cr.P.C. for amending the contents of the FIR wherein new allegations are with regard to different transactions like the agreement to sell as set up by the complainant. This Court is of the considered opinion that the entire case is based upon the documentary evidence for which the custodial interrogation of the petitioners is not required - this petition is allowed and the petitioners are directed to be released on interim bail, to join the investigation, subject to the conditions envisaged under Section 438(2) of the Code of Criminal Procedure, 1973.
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