CRM-M-24275 240 SOMVIR STATE OF HARYANA CORAM: Present: ANOOP CHITKARA, J. FIR No. 61 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2 seeking anticipatory bail. 2. In paragraph 15 of the bail petition, the accused declares that he has no criminal antecedents 3. The facts and allegations are being taken from the status report dated 02.07.2025 filed by the State which reads as “That facts in succinct are that above mentioned case has been registered on the complaint of complainant Sarup Singh son of Kamal Singh resident of village Majra, presently residing at Ward No.17, Charkhi Dadri stating therein that his daughter Satish Majra (D) is having a petrol pump under the name and style of Pawan Petro Station, Morwala and he is taking care of the said petrol pump as a General Power of Attorney. They have appointed Sombir son of Shri Ajit Singh, resident Jhajjar (Present Petitioner) as Manager to run the pump. From last one and half year his son was ill and due to this, they could not take care of the pump and they have a faith on Sombir, but Sombir has forged the record, account petrol pump. On 03.03.2025, he had shown the deposit of amount of Rs. 10,00,000/ 24275-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus STATE OF HARYANA HON'BLE MR. JUSTICE ANOOP CHITKARA Mr. Tejinder Singh Malik, Advocate for the petitioner. Ms. Trishanjali, D.A.G., Haryana. Mr. Azad Khan, Advocate for Mr. Tejinder Singh Phogat, Advocate for the complainant. **** ANOOP CHITKARA, J. Dated Police Station 09.03.2025 Dadri Sadar, Charkhi Dadri The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2 seeking anticipatory bail. In paragraph 15 of the bail petition, the accused declares that he has no criminal The facts and allegations are being taken from the status report dated 02.07.2025 filed by the State which reads as follows: “That facts in succinct are that above mentioned case has been registered on the complaint of complainant Sarup Singh son of Kamal Singh resident of village Majra, presently residing at Ward No.17, Charkhi Dadri stating therein that his daughter Satish Majra (D) is having a petrol pump under the name and style of Pawan Petro Station, Morwala and he is taking care of the said petrol pump as a General Power of Attorney. They have appointed Sombir son of Shri Ajit Singh, resident Jhajjar (Present Petitioner) as Manager to run the pump. From last one and half year his son was ill and due to this, they could not take care of the pump and they have a faith on Sombir, but Sombir has forged the record, accounts of pump, and embezzled from the said petrol pump. On 03.03.2025, he had shown the deposit of amount of Rs. 10,00,000/-, but actually the amount was not found deposited in IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24275-2025 Date of Decision 03.07.2025 ...Petitioner …Respondent HON'BLE MR. JUSTICE ANOOP CHITKARA Mr. Tejinder Singh Malik, Advocate for the petitioner. Mr. Tejinder Singh Phogat, Advocate for the complainant. Sections Dadri Sadar, 316(2), 61 of BNS (Section 338 of BNS added later on) The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], In paragraph 15 of the bail petition, the accused declares that he has no criminal The facts and allegations are being taken from the status report dated 02.07.2025 “That facts in succinct are that above mentioned case has been registered on the complaint of complainant Sarup Singh son of Kamal Singh resident of village Majra, presently residing at Ward No.17, Charkhi Dadri stating therein that his daughter-in-law Kusum wife of Satish Majra (D) is having a petrol pump under the name and style of Pawan Petro Station, Morwala and he is taking care of the said petrol pump as a General Power of Attorney. They have appointed Sombir son of Shri Ajit Singh, resident of village Majra, District Jhajjar (Present Petitioner) as Manager to run the pump. From last one and half year his son was ill and due to this, they could not take care of the pump and they have a faith on Sombir, but Sombir has s of pump, and embezzled from the said petrol pump. On 03.03.2025, he had shown the deposit of amount of , but actually the amount was not found deposited in The petitioner apprehending arrest in the FIR captioned above has come up before 023, [BNSS], In paragraph 15 of the bail petition, the accused declares that he has no criminal The facts and allegations are being taken from the status report dated 02.07.2025 Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document CRM-M-24275 the bank account and the amount was kept by the accused. On 04.03.2025, accused has , but same were not found deposited in the bank and accused Sombir kept the same with him. On 05.03.2025, he has shown deposited Rs. 50,000/ Contractor Ramal has December, 2024, but the accused has shown the sale of oil of Rs. 2,20,368/ through cheque, though no such cheque has come on the record, as they have verified credit account has been opened by accused Sombir in the name of Satpal, resident of village Kanheti at the petrol pump and through this account has embazzled an amount of Rs.4,19,370/ fact tha 3,50,000/ any cheque of that amount and in the same way, has shown the false amount borrowed by Tanuj and entered in the account of Tanuj similarly, in the closed account of Vikash has shown deposit of Rs.2,42,124/ account of Sonu, resident of Imlota and shown the payment of Rs.1,00,000/ son of Bhardwaj and taken the payment in some other account and shown the wrongly paid salary in the name of Vicky Salesman amounting Rs. 42,000/ Monu Majra, Rs. 42,500/ 18,554/ an amount of Rs. 1,18,054/ way, has embezzled an amount of Rs. 23,05,783/ not alone in this crime but his father Ajit and hi Mange Ram resident of village kamod are also involved because both visited Somvir at the petrol pump and they both are involved in this crime and gave guarantee regarding Somvir while he was given job on petrol pump upon their asking. Now both are actively involved in the conspiracy since the start and upon their asking Somvir has committed this crime. On dated 06.03.2025 Somvir father Ajit and Mange Ram had come on the pump and met Somvir. Upon this present FIR commenced. 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre and their family. He further submit 5. State’s counsel opposes bail and refers to the status report. Counsel for the complainant submits that he has no objection in case, this Court grants bail to the petitioner as matter stand compromise. 6. It would be appropriate to refer to the following portions of the status report, which read as follows: “That there are serious allegations against the petitioner, as an amount of Rs. 23,05,783/ accounts of the petrol pump own of the complainant, in collusion with co 24275-2025 2 the bank account and the amount was kept by the accused. On 04.03.2025, accused has shown deposited an amount of Rs.1,00,000/ , but same were not found deposited in the bank and accused Sombir kept the same with him. On 05.03.2025, he has shown deposited Rs. 50,000/- in the bank, but the same was not found deposited. Contractor Ramal has not taken any oil from their pump after December, 2024, but the accused has shown the sale of oil of Rs. 2,20,368/-. On 06.03.2024, he has shown a payment of Rs.2,00,000/ through cheque, though no such cheque has come on the record, as they have verified this fact and found this entry as forged. A forged credit account has been opened by accused Sombir in the name of Satpal, resident of village Kanheti at the petrol pump and through this account has embazzled an amount of Rs.4,19,370/ fact that no oil has been taken by said Satpal and the amount of Rs. 3,50,000/- has been shown debited, otherwise, Satpal has not given any cheque of that amount and in the same way, has shown the false amount borrowed by Tanuj and entered in the account of Tanuj similarly, in the closed account of Vikash has shown deposit of Rs.2,42,124/- and a bill of Rs.1,03,747/- account of Sonu, resident of Imlota and shown the payment of Rs.1,00,000/- falsely and taken the payment of Rs.30,000 son of Bhardwaj and taken the payment in some other account and shown the wrongly paid salary in the name of Vicky Salesman amounting Rs. 42,000/-, an amount of Rs. 15,000/ Monu Majra, Rs. 42,500/- in the name of Arun Achina and 18,554/- in his self account, actually no payment has been made and an amount of Rs. 1,18,054/- has been kept by him also and in this way, has embezzled an amount of Rs. 23,05,783/ not alone in this crime but his father Ajit and hi Mange Ram resident of village kamod are also involved because both visited Somvir at the petrol pump and they both are involved in this crime and gave guarantee regarding Somvir while he was given job on petrol pump upon their asking. Now both are actively involved in the conspiracy since the start and upon their asking Somvir has committed this crime. On dated 06.03.2025 Somvir father Ajit and Mange Ram had come on the pump and met Somvir. Upon this present FIR was registered and investigation commenced.” The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. He further submit that matter stand compromise between the parties. State’s counsel opposes bail and refers to the status report. Counsel for the complainant submits that he has no objection in case, this Court grants bail to the petitioner as matter stand compromise. uld be appropriate to refer to the following portions of the status report, which read as follows: “That there are serious allegations against the petitioner, as an amount of Rs. 23,05,783/- has been found embezzled from the accounts of the petrol pump owned by Smt. Kusum daughter of the complainant, in collusion with co the bank account and the amount was kept by the accused. On shown deposited an amount of Rs.1,00,000/- , but same were not found deposited in the bank and accused Sombir kept the same with him. On 05.03.2025, he has shown deposited Rs. in the bank, but the same was not found deposited. not taken any oil from their pump after December, 2024, but the accused has shown the sale of oil of Rs. . On 06.03.2024, he has shown a payment of Rs.2,00,000/- through cheque, though no such cheque has come on the record, as this fact and found this entry as forged. A forged credit account has been opened by accused Sombir in the name of Satpal, resident of village Kanheti at the petrol pump and through this account has embazzled an amount of Rs.4,19,370/- despite the t no oil has been taken by said Satpal and the amount of Rs. has been shown debited, otherwise, Satpal has not given any cheque of that amount and in the same way, has shown the false amount borrowed by Tanuj and entered in the account of Tanuj and similarly, in the closed account of Vikash has shown deposit of - has been shown issued in the account of Sonu, resident of Imlota and shown the payment of falsely and taken the payment of Rs.30,000/- from the son of Bhardwaj and taken the payment in some other account and shown the wrongly paid salary in the name of Vicky Salesman , an amount of Rs. 15,000/- in the name of in the name of Arun Achina and Rs. in his self account, actually no payment has been made and has been kept by him also and in this way, has embezzled an amount of Rs. 23,05,783/-. Somvir Manager is not alone in this crime but his father Ajit and his maternal uncle Mange Ram resident of village kamod are also involved because both visited Somvir at the petrol pump and they both are involved in this crime and gave guarantee regarding Somvir while he was given job on petrol pump upon their asking. Now it has been known that they both are actively involved in the conspiracy since the start and upon their asking Somvir has committed this crime. On dated 06.03.2025 Somvir father Ajit and Mange Ram had come on the pump and met was registered and investigation The petitioner's counsel prays for bail by imposing any stringent conditions and trial incarceration would cause an irreversible injustice to the petitioner that matter stand compromise between the parties. State’s counsel opposes bail and refers to the status report. Counsel for the complainant submits that he has no objection in case, this Court grants bail to the uld be appropriate to refer to the following portions of the status report, “That there are serious allegations against the petitioner, as an has been found embezzled from the ed by Smt. Kusum daughter-in-law of the complainant, in collusion with co-accused and no amount has The petitioner's counsel prays for bail by imposing any stringent conditions and trial incarceration would cause an irreversible injustice to the petitioner State’s counsel opposes bail and refers to the status report. Counsel for the complainant submits that he has no objection in case, this Court grants bail to the uld be appropriate to refer to the following portions of the status report, Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document CRM-M-24275 been returned by the petitioner to the proprietor. These allegations are sufficient to connect the petitioner with the commission of crime. Hence, custodial recover Rs. 23,05,783/ operating in the investigation and In case, the petitioner is allowed the benefits of anticipatory bail then it will scuttle the investigation of investigation purpose. However, the petitioner is not involved in any other criminal case.” REASONING: 7. No doubt, there is embezellement of Rs.23,05,783/ victim compromised the matter with the parties and he has no objection if the petitioner is granted anticipatory bail. As such, no ground is made out to deny him bail 8. Pre-trial incarceration should not be a replica of post evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is considering the compromise at that stage. An analysis of the above does justify custodial interrogation or pre 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations, no objection of the complainant and the other factors peculiar to this case, t trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 10. Given above, petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such suret 11. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E- 12. This order is subject to the petitioner’s complying with the following terms. 24275-2025 3 been returned by the petitioner to the proprietor. These allegations are sufficient to connect the petitioner with the commission of crime. Hence, custodial interrogation of the petitioner is required to recover Rs. 23,05,783/-. The petitioner is deliberately not co operating in the investigation and In case, the petitioner is allowed the benefits of anticipatory bail then it will scuttle the investigation this case and the petitioner will not be available to the police for investigation purpose. However, the petitioner is not involved in any other criminal case.” REASONING: No doubt, there is embezellement of Rs.23,05,783/ victim compromised the matter with the parties and he has no objection if the petitioner is granted anticipatory bail. As such, no ground is made out to deny him bail trial incarceration should not be a replica of post evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is considering the compromise at that stage. An analysis of the above does justify custodial interrogation or pre-trial incarceration. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations, no objection of the complainant and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner es a case for bail. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such suret While furnishing a personal bond, the petitioner shall mention the following personal identification details: AADHAR number Passport number (If available) and when the attesting officer/court considers it appropriate or onsiders the accused a flight risk. Mobile number (If available) -Mail id (If available) This order is subject to the petitioner’s complying with the following terms. been returned by the petitioner to the proprietor. These allegations are sufficient to connect the petitioner with the commission of crime. interrogation of the petitioner is required to . The petitioner is deliberately not co- operating in the investigation and In case, the petitioner is allowed the benefits of anticipatory bail then it will scuttle the investigation this case and the petitioner will not be available to the police for investigation purpose. However, the petitioner is not involved in any No doubt, there is embezellement of Rs.23,05,783/- attributed to petitioner but the victim compromised the matter with the parties and he has no objection if the petitioner is granted anticipatory bail. As such, no ground is made out to deny him bail. trial incarceration should not be a replica of post-conviction sentencing. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is considering the compromise at that stage. An analysis of the above does not trial incarceration. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations, no objection of the complainant and the other factors here would be no justifiability for custodial interrogation or the pre- trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. While furnishing a personal bond, the petitioner shall mention the following Passport number (If available) and when the attesting officer/court considers it appropriate or This order is subject to the petitioner’s complying with the following terms. e victim compromised the matter with the parties and he has no objection if the petitioner is conviction sentencing. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but not Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations, no objection of the complainant and the other factors - trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court While furnishing a personal bond, the petitioner shall mention the following Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document CRM-M-24275 13. The petitioner is directed to join the investigation within seven days of this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitio investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking the investigation, the petitioner shall not be subjected to third inhuman treatment, etc. 14. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on a influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case Court. 15. In case the Investigator/Officer arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence p Investigator/Officer days, providing an opportunity to avail the remedies available in law. 16. This bail is conditional, and th indulges in any non of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 17. Any observation made hereinab case's merits nor shall the trial Court advert to these comments. 18. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bo 19. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. 24275-2025 4 The petitioner is directed to join the investigation within seven days of this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitio investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking the investigation, the petitioner shall not be subjected to third inhuman treatment, etc. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bo Petition allowed in terms mentioned above. All pending applications, if any, stand The petitioner is directed to join the investigation within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, The petitioner shall abide by all statutory bond conditions and appear before the ll dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and or dissuade them from disclosing such facts to the Police or the Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding rescribed in the sections mentioned above; then, in that case, the Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. e foundational condition is that if the petitioner bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. ove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. Petition allowed in terms mentioned above. All pending applications, if any, stand uploading this order on the official webpage of the High Court of Punjab and Haryana and as and The petitioner shall be in deemed custody for Section 27 ner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of cancellation of the bail. During degree, indecent language, The petitioner shall abide by all statutory bond conditions and appear before the ll dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and or dissuade them from disclosing such facts to the Police or the Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding rescribed in the sections mentioned above; then, in that case, the Charge shall give the petitioner notice of a minimum of seven e foundational condition is that if the petitioner bailable offense, the State may file an application for cancellation ove is neither an expression of opinion on the A certified copy of this order would not be needed for furnishing bonds, and any case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may Petition allowed in terms mentioned above. All pending applications, if any, stand Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document CRM-M-24275 03.07.2025 Jyoti-IV 24275-2025 5 03.07.2025 IV Whether speaking/reasoned: Whether reportable: (ANOOP CHITKARA) JUDGE Yes No. Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document