|Bombay High Court
Anticipatory Bail | Misrepresentation of Mobile Device in Investigation Vitiates Cooperation Claim Under BNSS Section 438 : Bombay HC
The Bombay HC ruled that deliberately surrendering a different mobile phone than the one used in the crime constitutes misrepresentation, nullifying claims of cooperation and justifying custodial interrogation for recovery of material digital evidence. This sets a critical precedent: voluntary surrender of evidence must be truthful to qualify for anticipatory bail under BNSS, not merely procedural compliance.