Anticipatory bail in grave crimes may erode people's faith: HC

Granting anticipatory bail to a person, accused in a grave offence in which large quantity of gold or money is involved, may erode the faith of citizens in the justice delivery system, the Delhi High Court has said.
The court, while denying anticipatory bail to a gold merchant in a criminal case, said it is only the custodial interrogation which leads to vital clues in recovering the case property, involvement of other persons, criminal conspiracy and place of concealment of case property.
"Allowing a person who is accused of such a grave offence out on bail even before he is arrested would not only interfere with investigation process but also may erode the faith of the citizens in the justice delivery system.

"It said the offences where such a large quantity of gold/amount of money is involved, it should be investigated in a thorough and fair manner," Justice Vinod Goel said.
The court made the observation while dismissing a plea of gold merchant Prakash Gupta seeking anticipatory bail in a case of criminal breach of trust lodged against him. The offence entails a maximum of life imprisonment.
The complainant has alleged that Gupta was entrusted with six kgs of gold bars for sale, which were then dishonestly misappropriated by him.

The bench said the court has to strike a balance and to examine meticulously the facts and circumstances of each case as to whether custodial interrogation of the accused is required or not.

"Requirement of the offender for custodial interrogation in serious and grave offences should be assessed from a practical approach. The conduct, demeanour, tone and tenor, body language of the accused on anticipatory bail is entirely different," it said.
The court said that the accused always shrugs off his shoulders to the commission of crime or being privy to it in any manner and law also treats him as innocent unless he is convicted.
"Knowing it well the accused even in grave offences travel beyond truth. He is not expected to reveal the truth. It is only the custodial interrogation which leads to vital clues in recovering the case property, involvement of other persons, criminal conspiracy, place of concealment of case property etc," it said.

For Gupta, the court said his custodial interrogation was required to unearth the conspiracy and to recover the gold bars or the sale proceeds thereof and to find out to whom the gold bars were sold out by him.
While Gupta claimed that he had paid Rs 54,04,400 to the complainant's firm, it was disputed by the victim's counsel.
It said there was no ground for granting anticipatory bail to the accused, keeping in view the serious nature of the offence and the possibility of tampering with the evidence or fleeing from justice.
"Persons accused of grave offences cannot be permitted to take the administration of justice for a ride. No doubt, arrest of a person, accused of an offence, may tarnish his image and that of his family members, relatives, friends, nears and dears. Because of this, sometimes some harsh steps are taken by the accused as such accusation brings bad name to him and his family," the court said.

It, however, said the court must not be oblivious to the fact as to trauma, pain, and sufferings of the victims and their family members.
Sometimes, harsh steps are also taken by the victims out of frustration or due to loss of life or on account of loss of valuables or properties," it said.