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2025 DAILYLAW 45653 (PNJ)

SAT NARAIN v. STATE OF HARYANA

CRM-M/20012/2025 · 2025-07-23

Sanjay Vashisth

body2025

Judgment text

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CRM-M-20012-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 215 CRM-M-20012-2025 Date of decision: 23.07.2025 SAT NARAIN ....Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Vikas Gulia, Advocate for the petitioner. Mr. Amish Sharma, AAG, Haryana SANJAY VASHISTH. J.(Oral) 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 petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Sat Narain, aged about 61 years 322 26.08.2016 420, 467, 468, 471 IPC Sadar Sonipat Sonipat 2. On 03.05.2025, 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 petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Sat Narain, aged about 61 years 322 26.08.2016 420, 467, 468, 471 IPC Sadar Sonipat Sonipat 2. Learned counsel for the petitioner, inter alia, contends AMANDEEP GOSAIN 2025.07.25 17:25 I attest to the accuracy and integrity of this order/judgment CRM-M-20012-2025 - 2- that as per the allegations, all the accused mentioned in the FIR, i.e., (i) Rahul, (ii) Diwan Singh, (iii) Ravinder Bhardwaj, (iv) Kishan Atri, and (v) Sat Narain (petitioner herein), have taken an amount of Rs.10.00 lacs under the pretext of getting job as TTE in the Railway Department for the son of the complainant. After receiving the said amount, a forged appointment letter was also handed-over to the complainant. 3. Learned counsel for the petitioner argues that the allegations are absolutely false, as neither there was any agreement in writing nor any amount has been paid to the petitioner or his co- accused, as alleged by the complainant. Since there is no substantive evidence with the police, despite registration of the FIR in the year 2016, till date, prosecution agency, has never arrested the petitioner. However, due to the pressure applied by the complainant, now the police is after the petitioner for the purpose of arrest,whereas, similarly, situated co-accused ‘Ravinder Bhardwaj’ has already been granted concession of anticipatory bail by the Coordinate Bench of this Court, vide order dated 26.09.2019 (Annexure P-2), which was subsequently, confirmed on 02.12.2019 (Annexure P-3). Thus, learned counsel submits that though there is no documentary evidence available even with the complainant, still petitioner is ready to join investigation and cooperate with the investigating agency. Accordingly, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. On advance notice, learned State counsel puts in appearance on behalf of the respondent – State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report. 6. Adjourned to 23.07.2025. 7. In the meanwhile, the petitioner is directed to join the AMANDEEP GOSAIN 2025.07.25 17:25 I attest to the accuracy and integrity of this order/judgment CRM-M-20012-2025 - 3- 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 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. 9. Besides, on oral request of counsel for the petitioner, complainant – Prem Singh s/o Chattar Singh, r/o Village Bhatgaon Dungaran, Tehsil and District Sonipat, M.No. 98136-24665, is hereby ordered to be impleaded as respondent No.2. Counsel for petitioner is directed to file amended memo of parties in the registry within a period of three days from today, and upon doing so, let notice be issued to newly added respondent No.2 for the date fixed before this Court.” 3. Learned counsel for the petitioner contends that in compliance of the order dated 03.05.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 4. Learned State counsel on instructions from the official respondent, confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation. 5. Heard learned counsel for the parties. 6. Since the petitioner has joined the investigation, custodial interrogation is no more required, present petition is allowed and ad-interim order dated 03.05.2025, passed by this Court is hereby made absolute. However, petitioner shall continue to join the investigation as and AMANDEEP GOSAIN 2025.07.25 17:25 I attest to the accuracy and integrity of this order/judgment CRM-M-20012-2025 - 4- when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 7. Accordingly, petition stands disposed of. (SANJAY VASHISTH) 23.07.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.07.25 17:25 I attest to the accuracy and integrity of this order/judgment