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High Court of Punjab and Haryana · body

2023 DAILYLAW 5823 (PNJ)

MINAKSHI v. STATE OF HARYANA

CRM-M/22556/2026 · 2026-07-15

Sumeet Goel

body2023

Judgment text

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CRM CRM CRM CRM----M M M M----22556 22556 22556 22556 107 (1 107 (1 107 (1 107 (1stststst case) case) case) case) IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Minakshi State of Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bhartiya Nagarik Suraksha Sanhita, 2023 concession of 13.03.2026, under Sections Station Taraori, Karnal 2. 22556 22556 22556 22556----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----22556 22556 22556 22556----2026 2026 2026 2026 versus Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: July 15 July 15 July 15 July 15, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 15 July 15 July 15 July 15, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Garvit Mittal, Advocate for Mr. Gurmeet Singh, AAG Haryana. Mr. Jaskaran Singh, Advocate and Ms. Gurpalak Kaur, Advocate for the complainant. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner , under Sections 318(4) and 316(2) of the BNS, 2023, at Police Station Taraori, Karnal. On 24.04.2026, the following order was passed: ““““1. The present petition has been filed under Section 482 of 2023 (Section 438 of Cr.P.C.) for grant of anticipatory bail in case FIR No.69 dated 13.03.2026, under Sections 318(4) and 316(2) of registered at Police Station Taraori, Karnal. 2. Briefly stated, the complainant Narender submitted a regarding fraud committed in his Company by his employee (the husband of the petitioner) amounting to approximately during the past several months. Co transferred the said amount of Rs.50 lakh in various a that of the present petitioner. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL the petitioner. Mr. Gurmeet Singh, AAG Haryana. Jaskaran Singh, Advocate and Advocate for the complainant. Present petition has been filed under Section 482 of the (for short ‘BNSS’) for grant of bail to the petitioner, in case FIR No.69 dated 318(4) and 316(2) of the BNS, 2023, at Police he following order was passed: The present petition has been filed under Section 482 of BNSS, (Section 438 of Cr.P.C.) for grant of anticipatory bail in case bearing FIR No.69 dated 13.03.2026, under Sections 318(4) and 316(2) of BNS, registered at Police Station Taraori, Karnal. Briefly stated, the complainant Narender submitted a complaint regarding fraud committed in his Company by his employee Shiv Kumar (the husband of the petitioner) amounting to approximately Rs.50 lakh during the past several months. Co-accused Shiv Kumar allegedly transferred the said amount of Rs.50 lakh in various accounts, including ....Petitioner ....Respondent Present petition has been filed under Section 482 of the for grant of dated 318(4) and 316(2) of the BNS, 2023, at Police BNSS, bearing BNS, complaint Shiv Kumar Rs.50 lakh allegedly including MAHAVIR SINGH 2026.07.15 18:01 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----22556 22556 22556 22556----2026 2026 2026 2026 2222 3. Learned counsel for the petitioner contended that the allegations in the present case are against the husband of the petitioner namely, Shiv Kumar, to the effect that he has embezzled the money of his employer- Company to the tune of Rs.50 lakh; the allegations against the present petitioner are that her bank account was used to park that money. Learned counsel for the petitioner contended that petitioner is innocent as her bank account was operated by her husband, i.e. main accused Shiv Kumar, and the mobile number of her husband is linked with the petitioner’s bank account in question; the petitioner is a house-hold lady and criminal liability cannot be fastened upon the petitioner simply by reason of being the wife of the main-accused. It is also contended that since it is alleged that money has been transferred in her account, the said bank account could be seized by the respondent-State for recovery of the money embezzled; the petitioner is having clean & clear antecedents and is not involved in any other case. Learned counsel prayed for anticipatory bail as the petitioner is ready to join the investigation. 4. Notice of motion. 5. Mr. Satbir Singh Goripuria, DAG, Haryana, who is present in Court accepts notice on behalf of respondent-State and opposed the contentions raised by learned counsel for the petitioner while submitting that an amount of Rs.6.00 lakh has been transferred in the bank account of the present petitioner during a span of 03 years; due to the transfer of money over a prolonged duration of time, it cannot be believed that petitioner was unaware of the illegal activities of her husband-accused; petitioner is the beneficiary of the duped amount and petitioner has utilized the same for house loan payment and to purchase articles like mobile phone etc.; the petitioner is required for custodial interrogation and as such prayed for dismissal of grant of anticipatory bail to the petitioner. He, however, fairly admits that the petitioner is not involved in any other case and is having clean antecedents. 6. Mr. Jaskaran Singh, Advocate put in appearance through video conferencing on behalf of the complainant and opposed the contentions raised by learned counsel for the petitioner while submitting that the embezzled amount has been transferred in the name of the present petitioner and hence, is prima facie involved in the present case being beneficiary of the embezzled amount. Thus, he prayed for dismissal of present petition. 7. Heard. 8. Taking into consideration the contentions of learned counsel for the parties and the facts of the present case, the main allegation is against the husband of the petitioner i.e. Shiv Kumar, that he embezzled a sum of Rs.50 lakh in his employer-Company. Out of the said embezzled amount, Rs. 6.00 lakh was transferred to the bank account of present petitioner over a span of 03 years, however, in view of the submissions of learned counsel for the petitioner, the petitioner’s bank account was operated by her husband; even the phone number linked with petitioner’s bank account is that of her husband; petitioner is a simple house-wife and was unaware of the illegal activities of her husband; hence, this Court finds merit in the present petition and as such, the petitioner is directed to join the investigation as and when required by Investigating Officer. In the event of her arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of investigating/arresting Officer subject to the conditions as envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Cr.P.C.), till the next date of hearing. 9. Adjourned to 15.07.2026.” ” ” ” MAHAVIR SINGH 2026.07.15 18:01 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----22556 22556 22556 22556----2026 2026 2026 2026 3333 3. Learned State counsel (on instructions) has stated that pursuant to the order dated 24.04.2026, the petitioner has joined investigation, but his custodial interrogation is required for effecting money in question. 4. Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that allegations against the petitioner are serious in nature, and in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that he may abscond from the process of justice and interfere in the prosecution evidence. 5. Having heard learned counsel for the parties and upon perusal of the record; especially in view of the factum of the petitioner having joined investigation and his custodial interrogation being sought only for effecting money in question; the interim order dated 24.04.2026 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 6. Petition stands allowed allowed allowed allowed, accordingly. 7. This order should not be treated as “blanket” order. It will not be read as granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 8. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 9. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. MAHAVIR SINGH 2026.07.15 18:01 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----22556 22556 22556 22556----2026 2026 2026 2026 4444 10. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE July 15 July 15 July 15 July 15, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.15 18:01 I attest to the accuracy and authenticity of this order/ judgment