Police's power to probe can't be clipped by denying opportunity of sustained grilling of accused, rules Delhi court

A Delhi court has denied anticipatory bail to a man suspected of cheating, ruling that the police’s capacity to investigate cannot be limited by depriving an accused of the chance for protracted interrogation.

Vacation Judge Aparna Swami noted accused Rishabh Sharma’s “non-cooperative attitude during the investigation” and denied his plea while ordering him to participate in the probe.

Cheating, criminal conspiracy, criminal breach of trust, and forgery are all charges in this case.

“Police power of investigation cannot be clipped by denying the opportunity of sustained interrogation of accused for conclusion of evidence, particularly in a case of this nature where several facts are still to be unravelled,” the judge said.

She also noted that the accused was involved in a “serious offence of cheating” in which a huge sum of money was involved and that the investigation was at a nascent stage.

The court further noted in an order passed on 12 June that the accused was not a permanent resident of Delhi and the co-accused in the matter are still absconding.

Rishabh Sharma had sought anticipatory bail, claiming he was not the main accused in the case.

The prosecution opposed his application on the ground that he has been evasive in his replies and of the Rs 11 crore cheated, Rs 3.44 lakh was traced to the bank account of the accused.

The amount was allegedly deposited in the bank account by his father Prem Ratan Sharma, who was the main accused in the case, the prosecution told the court, adding Prem Ratan Sharma was arrested on 4 May 2023, while the FIR was lodged in 2019.

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