CRM-M- IN 217 Mujeeb Hu v. State of Ha CORAM: Present: AARADHN 1. under Secti Haryana Pr 2013, regis present peti 2. noticed her Vandana E criminal la known to o many year Bijender in -19467-2025 -1 IN THE HIGH COURT OF PUNJA CHANDIGA eb Hussain of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Mukesh Yadav, Advocate Mr. Vikram Singh, Assistant A **** ADHNA SAWHNEY, J. (Oral) Petitioner, an accused in case Sections 120-B, 420 of Indian Pena ana Protection of Interest of Depositor registered at Police Station Panipat C petition under Section 483 of BNSS Relevant facts as emerging fr ed hereinbelow:- Complainant-Shri Vikas Sha na Engineering Limited, dealing al law in motion by filing a comp to one Bijender son of Satbir with years ago in AKS Rugs company. er informed him that he has formed 1- PUNJAB AND HARYANA AT DIGARH CRM-M-19467-2025 Date of Decision: 27.10.2025 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. vocate for the petitioner. stant Advocate General, Haryana. n case FIR No. 0030 dated 09.02.202 n Penal Code and Section 3(2) of Th positors in Financial Establishment Ac nipat City, District Panipat, has filed th BNSS for grant of bail. ging from the documents on record b Sharma, Sole Proprietor of M ling with electrical machinery, s omplaint pointing therein that he with whom he used to work togeth ny. In April, 2023, aforementione rmed a company, namely, Hindusta .2025 2.2024, of The ent Act, filed the cord be f M/s y, set he is gether tioned dustan GURBACHAN SINGH 2025.10.28 14:34 I attest to the accuracy and integrity of this document CRM-M- Energy Sav India and t be held wh politicians. inaugural company o Tiwari, Jim Tuka Ram (present pe launched t Scooty. Th at Rs.2,04,0 as per com credited in that the s Complaina assurances name of hi account of to the Hind amount of but not eve installment was also st bank to wi closed by -19467-2025 -2 Savers Private Limited, through a nd that on 25.4.2023, this company’ which would be attended by dignita ians. Having received an ‘invi ral function, where he was intr ny officials, namely, Rahul, Ashu , Jimmy Hasmukh Bahi Rathore, M Ram, Madan Singh Rajpurohit, R nt petitioner) etc. He (c) was also ed two projects, namely, Vidut M . They further informed him that th ,04,000/-. However, later Governme company scheme, subsidy amount o d in the account of the investor/pur he scooty should have run for ainant alleged that somehow, he nces and purchased 10 electrical sc of his family members. In all, he tr t of his proprietorship firm, namely Hindustand Energy Savers Private L t of Rs.22,500/- was transferred in t even a single scooty was given to ments of subsidy money, the money p so stopped. Complainant next alleg o withdraw the money, he came to by the Gurugram Crime Branch. 2- gh an undertaking of Government any’s inauguration programme wou gnitaries including well known sever ‘invite’, complainant also attende troduced by Bijender to variou shu Jain, Sumit Kapoor, Prasha e, Muzbul Haque, Khush Kanhiya L it, Ram Narayan, Mujeeb Hussa also intimated that the company ha t Mitra and Ozone Mitra Electric at the electrical scooty initially price rnment subsidy would be received an nt of Rs.22,500/- per month would b r/purchaser; the only condition bein for at least 300 kms per mont , he got taken in, by these fal al scootys in his name as also in th he transferred Rs.20,40,000/- throug mely, M/s Vandana Engineering Ltd ate Limited. To win his trust, initial in his bank account, for two month n to him. Worst still after giving tw ney promised to be given every mon alleged that when he had gone to th e to know that his account has bee nch. He also requested Bijender ent of would everal tended arious ashant ya La, ussain y has ctrical priced ed and uld be being onth. false in the rough Ltd., itially onths g two month to the s been der to GURBACHAN SINGH 2025.10.28 14:34 I attest to the accuracy and integrity of this document CRM-M- either give heed was p connection scheme als by Bijender into the ma Unit, Pan complainan 09.02.2024 and Sectio Financial E Panipat, Mujeeb Hu like compla Certificate that Ashu Company. Kumar was documents (Manoj) a his name. interrogati 2022, after -19467-2025 -3 give him the scooty or return his as paid, rather he was disclosed tha tion with the Government of India e also. Thus, in all, complainant all nder and others, he lost Rs.20,40,00 With this backdrop, he reques e matter. Initially, the enquiry con Panipat, found substance in th inant and resultantly, a formal 2024, was registered under Sections ction 3(2) of The Haryana Protec ial Establishment Act, 2013, at Pol against Bijender and others i b Hussain. Further investigations al mplainant had been deprived of the cate of Incorporation issued by the shu Jain including the present pe ny. On 1.4.2024, one of the Direc was arrested, who disclosed that i ents have been misused by co-acc a Director of the Company and a Present petitioner was arr gation, he suffered a disclosure sta after seeing an ad of Hindustan En 3- his amount of Rs.20,40,000/- but n d that their company did not have an ndia and that there was no subsid t alleged that on the assurances give 0,000/-. quested the police officials to enqui y conducted by the Special Detectiv the allegations levelled by th al case vide FIR No. 0030 date ions 120-B, 420 of Indian Penal Cod otection of Interest of Depositors Police Station Panipat City, Distri rs including the present petition ns also revealed that 23 other person f their hard earned money. Copy the Registrar of Companies reveale t petition were the Directors of th irectors and accused, namely, Man hat in fact his personal identificatio accused Rahul, who had made hi d a bank account was also opened arrested on 30.4.2024. Durin e statement, as per which, in Marc Energy Savers Private Limited, o but no ve any ubsidy given nquire tective y the dated l Code ors in istrict itioner ersons opy of vealed of the Manoj cation e him ned in uring arch, ed, on GURBACHAN SINGH 2025.10.28 14:34 I attest to the accuracy and integrity of this document CRM-M- social netw the compa consumptio got lured in the acco April, 2023 though he him, his pe etc. have b of the comp received in recovered R 3. BNSS befo came to be present peti 4. has been complainan he was pres spectator. A company. H his persona were misus Director th upon comin -19467-2025 -4 networking site, which lured custom mpany with the assurance that ption bill would be reduced as also ed in and purchased the energy sav account of the company and becam 2023, he visited Panipat to promo he was not aware of their exact ‘ is personal identification documents ve been misused by the real accused company on 20.11.2023. Further, ac d in his account was invested bac red Rs.20,000/-. Petitioner filed an application S before the learned Additional Ses to be dismissed vide order dated 5 nt petition has been filed for grant of b Learned counsel for the petit been falsely implicated in the pre lainant to invest in Hindustan Energy as present in the function at Panipat, h tator. At the said point in time, he d . He was appointed as a Director ersonal identification documents as misused by the real accused, who ctor that too without his consent. Lea coming to know of his fraudulent ap 4- stomers to buy energy savers card at by installing the card, electrici also further subsidy would be paid, h savers card by depositing the mone came their agent for Moradabad. omote the business of the compan act ‘modus operandi’. According ents as an Aadhaar Card, Pan Car used, who inducted him as a Directo r, according to him, the entire amou back on 16 scooters. He also g lication for bail under Section 483 o Sessions Judge, Panipat. The sam 5.7.2024. Aggrieved of which, th nt of bail. e petitioner submits that the petition he present case. He never allure nergy Savers Private Limited. Thoug , held in April, 2023 but was a mu , he did not hold any position in th irector only on 28.11.2023. Moreove ts as in Aadhaar Card, Pan Card et who inducted him in the company as Learned counsel further submits th lent appointment as Director, petition ard of tricity id, he money d. In pany, ing to Card rector mount so got 483 of e same ich, the etitioner allured Though, s a mute n in the oreover, ard etc. ny as a its that etitioner GURBACHAN SINGH 2025.10.28 14:34 I attest to the accuracy and integrity of this document CRM-M- also filed a police of P his name a as per learn played on h petitioner i since been order dated parity, it ha who has be would not concluded i has been m 5. disputed th challan has identically bail wherea released on prayer for company which allu scooty on would be -19467-2025 -5 filed a complaint before the Registra e of Police Station Lodhi Road, New ame and to initiate legal proceedings r learned counsel, petitioner is actuall d on him by other accused. The last leg of submission ra ioner is that the similarly situated co been granted concession of bail a co r dated 29.4.2025 passed in CRM-M it has been prayed that similar trea has been in custody since May, 2024 d not serve any useful purpose luded in the near future is quite remote een made. Per Contra, learned State the custody period of the petition has already been filed before the ically placed co-accused Ashu Jain ha whereas other co-accused, namely, on anticipatory bail. Though, learn for bail on the ground that the was fully aware of the fraud be allured complainant and other inn on the assurance that on purchase given to them as subsidy. 5- gistrar of Companies, as also with th , New Delhi requesting for removal o dings against the main accused. Thu actually the victim of a calculated frau sion raised by learned counsel for th ted co-accused, namely, Ashu Jain coordinate Bench of this Court vid M-10769-2025. Thus, on grounds o ar treatment be meted out to petitione , 2024 and whose further incarceratio as the possibility of trial bein remote. Prayer for allowing the petitio counsel, on instructions, has petitioner. He has further admitted th the learned trial court as also th has been granted the concession Madan Singh Rajpurohit has bee learned State counsel has opposed petitioner being a Director of being committed by the compan innocent investors to buy electric chase of scooty, Rs.22,500/- per mon with the oval of Thus, ed fraud for the has urt vide unds of titioner, ceration l being petition not that that ssion of been the the mpany, lectrical month GURBACHAN SINGH 2025.10.28 14:34 I attest to the accuracy and integrity of this document CRM-M- 6. the docume 7. petitioner, that the inv been filed, remote as Jain has be namely, M anticipatory petitioner not only India, inclu of “Bail Hon’ble another, 20 8. to his furn Court/Duty following -19467-2025 -6 I have heard learned counsel ocuments on record with their able ass In view of the submissions adv ioner, but without further commenting investigations, qua petitioner are filed, the likelihood of trial being as also taking note of the fact that been granted the concession of Madan Singh Rajpurohit has ipatory bail by Coordinate Bench of ioner deserves the concession of bail, be violative of his rights under including right to speedy trial but w is a general rule and incarcera Supreme Court in Dataram 2018(2) R.C.R. (Criminal) 131. Resultantly, petitioner is grant is furnishing bail/surety bonds to t t/Duty Magistrate concerned. The wing conditions:- (i) The petitioner shall su trial court and shall not le permission of the trial Court. (ii) The petitioner will not the trial. (iii) The petitioner will prosecution witnesses. (iv) The petitioner shall not offence of which, he is an acc he is suspected of. 6- unsel for the parties and have peruse assistance. advanced by learned counsel for enting on the merits of the case, the fa are complete, for challan has alread concluded in near further is qui similarly situated co-accused Ash regular bail and other co-accuse been granted the concession of this Court, on grounds of parit , for his further incarceration wou r Article 21 of the Constitution would also be against the princip ceration is an exception” as held vs. State of Uttar Pradesh an s granted the concession of bail subje s to the satisfaction of learned tri The petitioner shall abide by th ll surrender his passport before th ot leave the country without prio urt. not tamper with the evidence durin ill not pressurize/ intimidate th l not commit an offence similar to th accused, or for commission of whic perused the fact already quite Ashu accused, of parity, would ution of rinciple by and subject ed trial by the re the prior during e the to the which GURBACHAN SINGH 2025.10.28 14:34 I attest to the accuracy and integrity of this document CRM-M- 9. that in case at liberty t order. 10. herein are l construed a independen 27.10.2025 gbs -19467-2025 -7 (v) The petitioner shall n induce, threaten or promise to facts of the case so as to dissu facts to the Court or to any evidence in any manner. (vi) The petitioner shall not (vii) The petitioner shall f number to the Trial Court fo same till the conclusion of the the petitioner seeks to chang shall be done only with prio Court, stating the reason for th (viii) The petitioner will appe and every date fixed, unless i Court. (ix) The trial Court/Duty M condition, as deemed app petitioner. Accordingly, the present petiti in case there is any breach of the afore erty to seek cancellation of bail as In view of the above, it is cla n are limited for the purpose of prese trued as an opinion on the merits of the endently of the aforesaid observations .2025 Whether Speaking/reasoned Whether Reportable 7- ll not directly or indirectly coerc ise to any person acquainted with th dissuade him/her from disclosing suc any police officer or tamper with th not in any manner misuse his liberty ll furnish his address and mobi rt forthwith and shall not change th f the trial and in case for any reaso ange any of the aforesaid, the sam prior intimation to the learned Tri for the same. appear before the trial Court on eac ess is exempted by a specific order ty Magistrate may impose any oth appropriate while releasing th t petition is allowed and it is made cle e aforesaid conditions, the State shall b ail as granted to the petitioner by th t is clarified that the observations mad f present proceedings and would not s of the case and the trial would procee ations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No oerce, ith the g such ith the berty. obile ge the eason, same Trial n each der of other g the de clear shall be by this ns made d not be proceed NEY) GURBACHAN SINGH 2025.10.28 14:34 I attest to the accuracy and integrity of this document