CRM-M-23221- IN THE H (213) GAGANDEEP SI STATE OF HAR CORAM: HON Present: Mr. Mr. N MANISHA BATR 1. The i 482 of Bharatiya grant of anticipato registered under S at Police Station F 2. The a complaint submit vehicle bearing re on 24.03.2024 in missing on 26.03.2 been initiated. Si report was prepare Shakir and Rashid -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH EP SINGH Versus HARYANA HON'BLE MRS. JUSTICE MANIS Mr. Robin Singh Hooda, Advocate fo Mr. Neeraj Poswal, AAG, Haryana **** BATRA, J. (ORAL) The instant petition has been filed b ratiya Nagarik Suraksha Sanhita, 202 ticipatory bail in case arising out of F nder Section 379 of IPC (Sections 411 tion Farrukh Nagar, Gurugram. The aforementioned FIR was registe ubmitted by the complainant Bijend ing registration No.RJ-32-GB-7448 w 24 in front of Global Infratech Comp 26.03.2024. After registration of FIR, d. Since no clue about the culprit c prepared on 28.04.2024. Subsequentl Rashid, who were apprehended in ano JAB AND HARYANA AT ARH CRM-M-23221-2026 (O&M) Date of decision : 18.05.2026 ... Petitioner ...Respondent ANISHA BATRA cate for the petitioner filed by the petitioner under Section a, 2023 (for short “BNSS”) seeking ut of FIR No.074 dated 27.03.2024 ns 411 and 34 of IPC added later on) registered on the basis of a written Bijender Kumar, alleging that his 8 was parked by his driver Tejpal Company, but the same was found f FIR, investigation proceedings had lprit could be found, an untraceable quently, the accused Sahju, Rashid, in another case bearing FIR No.111 M) 2026 ction king 2024 r on) ritten t his ejpal ound d eable shid, .111 AMIT SHARMA 2026.05.19 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-23221- dated 05.05.2024 suffered disclosur the basis of the sa case as well. On Saddam were nom Altaf suffered a Section 411 of I accused. During arrested. He too s stolen vehicle to t Apprehending his anticipatory bail w Judge, Gurugram v 3. It is a falsely implicated Kamar Hashmi wh He is a scrap deal A part of vehicle b been purchased b per the Registratio be effected from interrogation is no that the petition de -2026 (O&M) 2 .2024 registered at Police Station Far closure statements admitting their inv the same, they were nominated as acc ll. On the basis of their disclosure re nominated as additional accused ed a disclosure statement on the b of IPC was added and Khubi @ uring the course of investigation, e too suffered a disclosure statement to le to the present petitioner. The petit ng his arrest, the petitioner moved bail which has been dismissed by th gram vide order dated 21.04.2026. It is argued by learned counsel for t ted in this case on the basis of discl mi which cannot be considered to be l p dealer by profession and used to rec hicle bearing Chassis No.MAT704251 by him, whereas in fact the Chass istration Certificate is No.MAT704251 from him. He is ready to join n is not required. His antecedents are tion deserves to be allowed. on Farrukhnagar, District Gurugram eir involvement in this case and on as accused and were arrested in this osure statement, accused Altaf and cused and were arrested. Accused the basis of which offence under bi @ Rahul was nominated as an tion, accused Kamar Hashmi was ent to the effect that he had sold the e petitioner was nominated as such. oved an application for grant of by the Court of Learned Sessions l for the petitioner that he has been f disclosure statement of co-accused to be legally admissible in evidence. receive parts of vehicles as scrap. 704251H3H18822 is alleged to have Chassis No. of the stolen vehicle as 04251H3E11533. No recovery is to join investigation. His custodial ts are clean. It is, therefore, argued gram d on this and used nder s an was d the such. t of sions been used ence. crap. have le as is to odial gued AMIT SHARMA 2026.05.19 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-23221- 4. Learn allegations agains effecting recovery therefore, argued t 5. This C for the parties at co 6. The p the stolen vehicle petitioner has sub sought to be impli MAT704251H3H1 No.MAT704251H investigation that in the considered is must. Moreso, law that the power in exceptional circ grant of bail is interrogation of th leave many glar investigation. The does not operate a trial Court. For co -2026 (O&M) 3 Learned State counsel on the othe against the petitioner are serious in overy of the stolen vehicle, his custod gued that the petition does not deserve This Court has heard the rival submis es at considerable length. The petitioner who is a scrap dealer ehicle from the accused Kamar Hashm as submitted that he had not purchas implicated on account of purchase of 1H3H18822, whereas the Chassis N 4251H3E11533, however, it is on n that any conclusion in this regard ca dered opinion of this Court, custodial reso, the case is at its nascent stage. I powers for grant of pre-arrest bail sho al circumstances. No exceptional or e il is made out in favour of the pe n of the petitioner is denied to the In glaring loopholes and gaps, ther n. The Court is also required to see tha erate as inroad in the normal legal proc For conducting effective investigation e other hand, has argued that the us in nature. For the purpose of custodial interrogation is must. It is, eserve to be allowed. ubmissions made by learned counsel dealer is alleged to have purchased Hashmi in April, 2024. Though, the urchased the stolen vehicle and has ase of a vehicle bearing Chassis No. ssis No. of the stolen vehicle is is only on conducting thorough ard can be drawn. For this purpose, todial interrogation of the petitioner tage. It is well settled proposition of ail should be exercised by the Court al or extra-ordinary circumstance for the petitioner. In case custodial the Investigating Agency, that shall , thereby adversely effecting the see that an order of anticipatory bail al procedure of criminal cases by the igation so as to avoid any loopholes t the e of It is, unsel ased , the has No. le is ough pose, ioner on of ourt e for odial shall the bail the holes AMIT SHARMA 2026.05.19 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-23221- in the same, the c consideration the comment on the m petition does not 7. Since any, is rendered in 18.05.2026 Amit Sharma -2026 (O&M) 4 , the custodial interrogation of the pe the above discussed facts but wi the merit of the case, this Court is of not deserve to be allowed. Accordin Since the main petition has been dism ered infructuous. (MA Whether speaking/reasoned: Whether reportable:- Yes/No the petitioner is must. Taking into but without meaning to make any t is of the considered opinion that the cordingly the same is dismissed. dismissed, pending application, if (MANISHA BATRA) JUDGE oned:- Yes/No es/No into any t the n, if AMIT SHARMA 2026.05.19 10:05 I attest to the accuracy and integrity of this order/judgment.