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2025 DAILYLAW 4163 (PNJ)

JITENDER ALIAS CHALLA v. STATE OF HARYANA

CRM-M/66363/2025 · 2026-02-09

Aaradhna Sawhney

body2025

Judgment text

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CRM-M- IN 241 Jitender Al v. State of Ha CORAM: Present: AARADHN 1. petitioner, a against him 467, 468, 4 for grant of 2. noticed her Additional initiated. -66363-2025 -1 IN THE HIGH COURT OF PUNJA CHANDIGA der Alias Challa of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Jitender Sharma, Advocate Mr. Vishal Singh, Assistant Ad **** ADHNA SAWHNEY, J. (Oral) By virtue of the present pet ioner, an accused in case bearing FIR st him, for commission of offences pu 468, 471, 120-B IPC, at Police Statio rant of bail. Relevant facts as emerging ed hereinbelow:- Pursuant to the orders recei tional Sessions Judge, Hisar, criminal In brief, the contents of the ord That one Ravi (co-accused) Arjun son of Pali had appeare 1- PUNJAB AND HARYANA AT DIGARH CRM-M-66363-2025 Date of Decision: 09.02.202 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. vocate for the petitioner. tant Advocate General, Haryana. nt petition under Section 483 BNSS g FIR No.9 dated 07.01.2025 registere ces punishable under Sections 419, 42 Station Civil Lines, Hisar, has praye rging from documents on record b received from the Court of learne minal proceedings vide above FIR we the order are as follows:- ed) had furnished bail/surety bond eared as surety for Ravi and had als .2026 BNSS, gistered 19, 420, prayed cord be learned IR were bonds. d also GURBACHAN SINGH 2026.02.17 17:27 I attest to the accuracy and integrity of this document CRM-M- against Rav During the power of a possession. the Court a joined the i investigatin Prithvi in petitioner) Card of Ar accused Ra -66363-2025 -2 furnished his Aadhar Card aforesaid Ravi did not appear was cancelled. Notice to suret said notice, some another introduced himself as Arjun application pointing therein Lakhi, resident of Uklana, had had produced forged Aadhar impersonated him (Arjun) and his land. On the basis of these fo custody in case bearing FIR 147, 323, 332, 353, 307 IPC receipt of this application, the Accordingly, FIR No.0009 d st Ravi and others under Sections 419 ng the course of investigation, all the d r of attorney, surety bonds, copy of ession. Arjun, son of Pali Ram, who h ourt and his identifier Naresh Kuma d the investigation. During the investig tigating agency that in order to get Ra vi in conspiracy with the others nam ioner), Rajesh @ Raja, Naresh Kumar of Arjun son of Pali Ram, resident of sed Rajesh son of Lakhi Ram, meaning 2- ard along with jamabandi etc. Th pear in the Court. Resultantly, his ba surety was issued. In pursuance to th er person appeared in the Cour Arjun son of Pali and moved a ein that infact Rajesh Kumar son , had appeared as surety for Ravi an har Card. The aforesaid Rajesh ha and had also furnished jamabandi se forged documents Ravi, who was FIR No.113 of 2023 under Section IPC was released on bail. On th , the Court directed to lodge the FIR 009 dated 07.01.2025 was registere 419, 420, 467, 468, 471, 120-B IPC ll the documents, as in, bail applicatio py of Jamabandi etc. were taken in who had moved the application befo Kumar son of Parbhati Ram were als nvestigation, it came to the notice of th get Ravi released on bail, Vinod, son o rs namely Jitender @ Challa (prese Kumar had prepared the forged Aadh ent of Uklana, by affixing photo of co eaning thereby that Rajesh son of Lak . The is bail to the Court, ed an son of vi and h had ndi of was in ctions n the FIR. gistered B IPC. lication, en into n before ere also e of the on of (present Aadhar of co- Lakhi GURBACHAN SINGH 2026.02.17 17:27 I attest to the accuracy and integrity of this document CRM-M- Ram had ap The afores Kumar. It Developme Ram, had a Jitender @ Ravi was al involvemen in which th each of the Additional was dismis 3. implicated. by the IO, offence. He unverified were record were taken involvemen Naresh hav Bench of th -66363-2025 -3 had appeared as Arjun son of Pali Ra aforesaid co-accused Rajesh was id ar. It also came to the notice of the lopment and Panchayats Department , had also been forged by Vinod etc. to On 14.01.2025, co-accused der @ Challa and Naresh were arres was also arrested. During the course of interrog lvement in the commission of offences hich this fraud played on the Court, of the accused were also elaborated up Aggrieved of the order date tional Sessions Judge, Hisar vide wh dismissed, the present petition has been Learned counsel contends t icated. No direct or corroborative incr e IO, during the course of investigati ce. He has been arrayed as accused rified allegations of the other co-accu recorded at one point in time. No mo taken into possession by the IO, wh lvement of the petitioner in preparing f Learned counsel further con sh have since been extended the conc h of this Court, vide orders dated 29.0 3- ali Ram and had stood surety for Rav was identified by co-accused Nares of the IO that ID card issued by th rtment, in favour of Arjun son of Pa etc. to create fake documents. sed Vinod, Rajesh @ Raja, petitione e arrested. On 16.01.2025, co-accuse terrogation, petitioner confessed to h ffences and elaborated upon the mann ourt, was committed. Roles played b ated upon. r dated 3.11.2025 passed by learne de which bail application of petition as been filed. nds that petitioner has been false ve incriminating material was collecte stigation, to connect petitioner with th cused only on the basis of hearsay an accused, whose disclosure statemen No mobile phone, computer printer et O, which could even remotely sugge aring forged documents. r contends that co-accused Ravi an e concession of bail by the Coordina d 29.07.2025 and 03.07.2025 passed Ravi. Naresh by the of Pali titioner- accused d to his manner ayed by learned etitioner falsely ollected with the say and tements nter etc. suggest avi and ordinate assed in GURBACHAN SINGH 2026.02.17 17:27 I attest to the accuracy and integrity of this document CRM-M- CRM-M-39 treatment b 14.01.2025 (offences b incarceratio useful purp 4. Deputy Su thereof, the person who commission handset wh 5. have been p 6. advanced b mention he menace of Appeal (C State of C evolving m personal b primarily to fake surety -66363-2025 -4 39369-2025 and CRM-M-31067 ment be meted out to petitioner, w .2025, moreso when challan has be nces being magisterial triable) is lik ceration of petitioner, as per learned l purpose. Status report by way of affi Superintendent of Police, HQ, the role played by the petitioner h who prepared forged Aadhar Card ission of offence. For the said pur which he got recovered. Both the counsel have been been perused. Before expressing any opinio nced by both the learned counsel, i ion here that Hon’ble Supreme Cour ce of impersonation of sureties in eal (Crl.) No(s).4116/2021 titled as R of Chhatisgarh issued notice to UI ing mechanism to verify genuinenes Imposing condition of furni nal bonds, while allowing the bail arily to ensure the presence of the acc surety bonds not only tempers with 4- 31067-2025, respectively, thus, simil ner, who has been in custody sinc has been filed and completion of tri is likely to take some time. Furth learned counsel, would not serve an f affidavit of Kamaljeet Singh, HPS HQ, Hisar has been filed. In para oner has been highlighted, as being th r Card of Arjun, thus, facilitating th id purpose, he used his mobile phon been heard and documents on recor opinion on the merits of submissio nsel, it would not be out of place Court while taking cognizance of th in Petition(s) for Special Leave t d as Rajesh Kumar Rathore vs. Th to UIDAI to explore the feasibility o eness of the surety. furnishing surety bonds along wi e bail application of any accused the accused during the trial. Furnishin s with the process of justice but als similar y since of trial urther rve any h, HPS, para 7 eing the ting the e phone record mission place to e of the eave to vs. The bility of ng with used is rnishing but also GURBACHAN SINGH 2026.02.17 17:27 I attest to the accuracy and integrity of this document CRM-M- erodes pub fact a fraud and connec entire incid the spur o approached case bearin IPC. This f That is whe conspiracy cousin brot Card. Even favour of A also append the origina other, to pr Naresh Ku the Coordi petitioner, t with the C circumstanc constructiv Card of Arj in custody -66363-2025 -5 es public confidence in criminal justi fraud on the Court. In so far as the case in hand i onnecting circumstances brought on r e incident was committed with a pre- pur of the moment. It can further oached by a friend of co-accused Rav bearing FIR No.113 of 2023 under This friend of co-accused Ravi reque is when the other co-accused came in racy with petitioner and other co-acc in brother Arjun, by affixing his own . Even the ID Card issued by Pancha ur of Arjun was forged. To prove solve appended along with the surety bonds. riginal documents were sent on ‘Wh , to prepare forged documents was also Contention of learned counsel sh Kumar and Ravi, who have been g oordinate Bench of this Court, are ioner, thus similar treatment be meted the Court, for the reason that do mstances brought on record, clearly tructive role in facilitating the offence of Arjun through his mobile phone. S stody since 14.01.2025, cannot be a 5- l justice dispensation system and is hand is concerned, from the documen ht on record, it is quite apparent that th -mediated mind, it didn’t happen urther be inferred that petitioner wa d Ravi, who was already in custody nder Sections 147, 323, 332, 353, 30 requested Vinod to arrange for suret ame into picture. Co-accused Rajesh accused, forged Aadhar Card of h is own photograph on the said Aadh anchayats Development Department e solvency, revenue record of Arjun wa bonds. The mobile phone through whic n ‘Whatsapp’ by the accused to eac also taken into possession. ounsel for the petitioner that co-accuse been granted the concession of bail b t, are similarly situated as the prese meted out to him, has not found favou hat documents and other connectin learly suggest that petitioner played ffence by preparing the forged Aadh one. Simply because petitioner has bee be a ground, at this stage, to grant hi nd is in cuments that the appen at was stody in 53, 307 r surety. ajesh in d of his Aadhar tment in rjun was h which to each accused bail by present d favour necting layed a Aadhar as been rant him GURBACHAN SINGH 2026.02.17 17:27 I attest to the accuracy and integrity of this document CRM-M- the concess fleeing fro committing 7. petition is h efforts to ex 09.02.2026 gbs -66363-2025 -6 oncession of bail, for if released on bai ng from the process of justice by itting the same offence yet again. In view of the discussion ion is hereby dismissed. Learned trial ts to expeditiously dispose of the case. .2026 Whether Speaking/reasoned Whether Reportable 6- bail, there is every likelihood of hi not appearing in the Court an ssion made hereinabove, the prese d trial Court is directed to make since e case. (AARADHNA SAWHNEY JUDGE : Yes/No : Yes/No d of him urt and present sincere NEY) GURBACHAN SINGH 2026.02.17 17:27 I attest to the accuracy and integrity of this document