Anticipatory Bail -- Cooperation with investigation -- Mere failure of accused to furnish answers satisfactory to Investigating Agency does not amount to non-cooperation -- Custodial interrogation held unnecessary -- Anticipatory bail granted.
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Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 61(2), 318(4), 329(4), 336(3), 338, 340 and 351(2) read with Section 3(5) [Corresponding to Sections 120-B, 420, 448, 468, 467, 470 and 506 IPC] -- Anticipatory bail -- Property dispute involving rival agreements to sell -- Anticipatory bail declined by Sessions Court on ground of non-cooperation with investigation -- Petitioner had joined investigation pursuant to interim protection -- Mere inability or failure to answer queries of Investigating Agency regarding execution and attestation of disputed agreement cannot by itself constitute non-cooperation -- Cooperation means joining investigation and making oneself available to Investigating Agency -- Accused cannot be compelled to furnish self-incriminatory answers or statements not within her knowledge -- Custodial interrogation not warranted -- Anticipatory bail granted.
