Anticipatory bail in alleged investor-fund diversion was refused after the Court weighed gravity, non-cooperation, and linked company involvement.

Anticipatory bail in alleged cheating, criminal breach of trust and related economic offences was refused where the applicant's admitted past directorship, continuing shareholding, asserted access to company records, and alleged role in diversion of investor funds connected her to the transaction. The Court treated the seriousness and gravity of the allegations, the scale of the funds involved, the addition of further offences during investigation, multiple pending criminal cases, the non-bailable warrant and reward, and the applicant's stated non-cooperation with the investigating agency as material against pre-arrest protection. It reiterated that anticipatory bail is not confined to exceptional cases or dependent on a special case being shown, but held that the facts on record did not justify grant of such relief.

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Issues: Whether the applicant made out a case for anticipatory bail in a case involving alleged cheating, criminal breach of trust and related economic offences.

Analysis: The application was considered against the background of the applicant's connection with the company, her admitted past directorship, continuing shareholding, asserted access to company records, and the allegations arising from diversion of investor funds in a large-scale scheme. The Court noted the seriousness of the allegations, the magnitude of the money involved, the addition of further offences during investigation, the existence of multiple criminal cases, the non-bailable warrant and reward, and the stated lack of cooperation with the investigating agency. While anticipatory bail is not confined to exceptional cases and does not require a special case to be shown, the Court found that the facts, the nature and gravity of the offence, and the material placed on record did not justify grant of pre-arrest protection.

Conclusion: The applicant was not entitled to anticipatory bail and the application was rejected.

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