CRM-M-42977 209 IN THE HIGH COURT OF PUNJAB AND HARYANA NAVEEN KUMAR STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE Present:- SANJAY VASHISTH 1. BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked i out of First Information Report, as detailed hereunder: Name of Petitioner (s) Naveen Kumar, aged about 36 years 2. 42977-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of Decision: NAVEEN KUMAR Versus STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Rahul Sharma, Sr. Advocate Mr. Shrome Garg, Advocate for the petitioner. SANJAY VASHISTH, J.(Oral) Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked i out of First Information Report, as detailed hereunder: FIR No. Date Section(s) 642 01.08.2022 409, 467, 468, 471, 201 and 120 B of IPC On 08.08.2025 following order was passed: ““1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -M-42977-2025 Date of Decision: 11.11.2025 …Petitioner …Respondent SANJAY VASHISTH Advocate with Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Section(s) Police Station District 409, 467, 468, 471, 201 and 120- B of IPC Indri Karnal .2025 following order was passed:- Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-42977 Name & age of Petitioner (s) Naveen Kumar, aged about 36 years 42977-2025 -2- petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- FIR No. Date Section(s) 642 01.08.2022 409, 467, 468, 471, 201 and 120-B of IPC 2. Learned counsel for the petitioner, contends that allegation against the petitioner is that petitioner, being Gram Sachiv, of the village Garhi Birbal, for the period 31.09.2018 to 17.09.2019, misappropriated the amount of Rs.20,07,600/ because the said amount was released for the purpose of construction of road in the village, which in fact, was got constructed by the Municipal Committee, and same amount was, thus, utilised by the petitioner for construction of shed and the welcome gates in the village. 3. Counsel for the petitioner further submits that petitioner’s actions were undertaken pursuant to a resolution duly passed by the Gram Panchayat. As such, no element of criminality can be attributed to the petitioner. It is further submitted that FIR in the present case has been registered after an unexplained delay of nearly three years. Allegations primarily rest on documentary evidence, and as such, custodial interrogation of the petitioner would serve no useful purpose for the prosecution. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed Section(s) Police Station District 409, 467, 468, 471, 201 and B of IPC Indri Karnal Learned counsel for the petitioner, contends that allegation against the petitioner is that petitioner, being Gram Sachiv, of the village Garhi Birbal, for the period 31.09.2018 to 17.09.2019, misappropriated the amount of Rs.20,07,600/-, amount was released for the purpose of construction of road in the village, which in fact, was got constructed by the Municipal Committee, and same amount was, thus, utilised by the petitioner for construction of shed and the welcome gates in the village. Counsel for the petitioner further submits that petitioner’s actions were undertaken pursuant to a resolution duly passed by the Gram Panchayat. As such, no element of criminality can be attributed to the petitioner. It is further submitted the present case has been registered after an unexplained delay of nearly three years. Allegations primarily rest on documentary evidence, and as such, custodial interrogation of the petitioner would serve no useful purpose reover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-42977 3. petitioner contends that in compliance of the order dated passed by this Court, petitioner fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 42977-2025 -3- grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. On advance notice, Mr Jhanda, DAG, Haryana, puts in appearance on behalf of the respondent time to file status report in the matter. 6. Adjourned to 11.11.2025. 7. In the meanwhile, the petitioner is directed to join the investigation as so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.” Continuing his submissions, l petitioner contends that in compliance of the order dated passed by this Court, petitioner has joined the investigation, and operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. grant of concession of anticipatory bail to the petitioner in the present case. On advance notice, Mr. Pawan Kumar Jhanda, DAG, Haryana, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. Adjourned to 11.11.2025. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner y all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior ” Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 08.08.2025, joined the investigation, and has operated. Therefore, he prays for confirmation of the said HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-42977 4. by counsel for the petitioner of joining the investigation on 03.10.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner investigation. 5. 6. custodial interrogation is no more required; ad dated 08.08.2025, Accordingly, present petition is allowed. investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) o 7. 11.11.2025 himanshu 42977-2025 -4- Learned State counsel confirms the said averment made by counsel for the petitioner of joining the investigation on by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of igation. Heard learned counsel for the parties. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad .2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) o Accordingly, petition stands disposed of. Whether reasoned/speaking: Yes/No Whether reportable: Yes/No earned State counsel confirms the said averment made by counsel for the petitioner of joining the investigation on by the petitioner, and submits that as of now, custodial not required for the purpose of Heard learned counsel for the parties. already joined the investigation and custodial interrogation is no more required; ad-interim bail order passed by this Court is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document