Calcutta HC grants anticipatory bail to industrialist Pawan Ruia

Kolkata: Granting anticipatory bail to industrialist Pawan Ruia and two members of his family, the Calcutta High Court observed that the gravity of allegations in an economic offence cannot, by itself, override the constitutional protection of personal liberty when the evidence is largely digital and documentary.

Justice Uday Kumar noted that although the prosecution described the case as a complex cybercrime involving a large network of companies and alleged cryptocurrency transactions, custodial interrogation was not automatically warranted.

The court said that investigators had already seized digital devices, hard drives and electronic interfaces, significantly reducing the need for physical custody of the accused.

Addressing the State’s claim of non-cooperation, the court emphasised that non-confessional conduct cannot be treated as a lack of cooperation. Referring to the constitutional safeguard against self-incrimination, the judge observed that an accused cannot be compelled to confess and that failure to do so does not justify arrest.

However, the court clarified that any deliberate obstruction of the investigation would allow the prosecution to seek cancellation of bail.

While granting relief, the court imposed strict conditions, including execution of personal bonds and security deposits, surrender of passports, restriction on travel beyond Kolkata and Barrackpore, and a bar on entering company offices named in the case or contacting witnesses.

The petitioners were also directed to extend full technical assistance, including providing passwords, to facilitate examination of seized digital material. Execution of the arrest warrants was stayed for a limited period, with liberty to the state to seek cancellation in case of breach.