Power to grant anticipatory bail is to be exercised sparingly, says Delhi court

Rejecting a plea seeking pre-arrest bail in an alleged investment fraud, a Delhi court has said that the power to grant anticipatory bail is an extraordinary remedy and is to be exercised sparingly.

Vacation Judge Sugandha Aggarwal was hearing the anticipatory bail plea of accused Anand Tiwari, against whom the Special Cell of Delhi Police had registered an FIR.

In an order dated June 18, the court said, “The power to grant anticipatory bail is an extraordinary remedy and is to be exercised sparingly.”

“The allegations in the present case pertain to an investment fraud involving a huge amount whereby the complainant was induced to part with his hard-earned money of Rs 50 lakh.”

It said, according to the investigation, the bank account of M/s Bullsera Private Limited is found to be one of the beneficiaries which has received part of the cheated amount and the applicant or accused was one of the directors of the said company.

“Despite admitting the fact that he received the notice twice, the applicant has not joined the investigation. The said conduct of the applicant reflects that he has not joined the investigation nor cooperated with the investigating agency,” the court said.

It said that the Delhi Police had categorically stated in its reply that the investigation is at the initial stage and custodial interrogation of the applicant is required to unearth the entire conspiracy and to recover the remaining cheated amount.

The court noted that the anticipatory bail application of another director, Vijay Maurya, had been dismissed.

“I do not find any ground for granting protection to the applicant, and accordingly, the present application seeking anticipatory bail is dismissed,” the judge said.