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High Court of Punjab and Haryana · body

2023 DAILYLAW 3520 (PNJ)

RAKESH KUMAR v. STATE OF HARYANA

CRM-M/14497/2026 · 2026-04-09

Mandeep Pannu

body2023

Judgment text

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(O&M) -1- Present: Mr. J.S. Mehndiratta, Sr. Advocate, assisted by Ms. Sudesh Rani, Advocate for the petitioner. ***** In view of the averments made in the application, the same is allowed, subject to all just exceptions. On oral request of learned Senior counsel for the petitioner, main case is taken on Board today itself. Main case 1. First application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 438 Cr.P.C.) in case FIR No. 26 dated 07.02.2026, registered under Sections 204, 308(2), 318(4), 338, 336(3), 340(2), 61(2) of the BNS (erstwhile Sections 170, 384, 420, 467, 468, 471, 120-B IPC) at Police Station Quilla Panipat. 2. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and has no role whatsoever in the alleged occurrence. It is contended that the entire case against the petitioner is based on bald allegations and there is no independent material available on record to connect him with the alleged offence. It is further argued that besides the disclosure statement of the main accused Man Mohit, there is no other evidence against the present petitioner. ANU 2026.03.17 17:34 I am the author of this document Chandigarh (O&M) -2- Nothing has been recovered from the petitioner. There is nothing on record to show that the petitioner was receiving any commission or share in the alleged scam. The petitioner has been implicated solely on the basis of the disclosure statement of co-accused Man Mohit. 3. Notice of motion. 4. Mr. Sahil Chowdhary, AAG, Punjab accepts notice on behalf of the respondent-State and has opposed the bail application on the ground that serious allegations have been levelled against the petitioner. It is submitted that the petitioner, along with co-accused including the main accused Man Mohit, used to extort money from transporters carrying courier services by putting them under fear of liability to pay higher taxes. It is further contended that the main accused Man Mohit has categorically disclosed in his disclosure statement that the present petitioner was also involved in the said scam. 5. Without commenting on the merits of the case, this Court is of the considered opinion that the petitioner has been implicated primarily on the basis of the disclosure statement of the co-accused. Nothing has been recovered from the petitioner and there is nothing on record to indicate that any amount was ever transferred into his account or that he derived any monetary benefit from the alleged transactions. 6. Accordingly, the present petition is allowed and the petitioner is ordered to be released on interim anticipatory bail in the event of his arrest, subject to his joining the investigation as and when required by the Investigating Agency. The petitioner shall furnish adequate bail and surety bonds to the satisfaction of the Arresting/Investigating Officer and shall ANU 2026.03.17 17:34 I am the author of this document Chandigarh (O&M) -3- abide by the conditions as envisaged under Section 438(2) Cr.P.C./Section 482(2) BNSS. He shall cooperate with the investigation and shall not, directly or indirectly, influence any witness or tamper with the evidence. 7. Adjourned to 09.04.2026. (MANDEEP PANNU) JUDGE 17.03.2026 Anu ANU 2026.03.17 17:34 I am the author of this document Chandigarh