Anticipatory bail granted where investigation was documentary, cooperation was shown, and remand liberty remained with investigators

Anticipatory bail under Section 438 CrPC was granted on conditions after the Court considered the nature of allegations, the applicant's attributed role, prior cooperation with interrogation, and the mainly documentary character of the inquiry. The Court also noted that the seized quantity remained in departmental custody and accepted the applicant's undertaking to cooperate and comply with conditions. Anticipatory bail was therefore allowed, while the Investigating Agency retained liberty to seek remand before the competent Magistrate in accordance with law.

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Issues: Whether the applicant was entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with the DRI inquiry.

Analysis: The application was considered on the nature of allegations, the role attributed to the applicant, the fact that the applicant had cooperated with interrogation and had already given statements, the documentary nature of the investigation, and the circumstance that the seized quantity remained in departmental custody. The Court also relied on the principles governing anticipatory bail and noted that the applicant undertook to cooperate with the investigation and comply with conditions, while the Investigating Agency was left free to seek remand before the competent Magistrate.

Conclusion: Anticipatory bail was granted to the applicant on conditions, with liberty reserved to the Investigating Agency to seek remand in accordance with law.

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