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CRM-M-32960-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 123 CRM-M-32960-2025 DATE OF DECISION: 20.06.2025
AMIT KUMAR ...PETITIONER Versus STATE OF HARYANA
... RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Nirmal Singh, Advocate for the petitioner(s). Mr. S.S. Pannu, Addl. A.G, Haryana. *** SANDEEP MOUDGIL, J (ORAL)
1. Prayer This petition has been filed under Section 482 of BNSS praying for grant of anticipatory bail in case FIR NO. 407, dated 19.12.2024 U/S 316(4), 319(2), 318(4), 338, 336(3), 340(2) of BNS, registered at P.S. Bahalgarh, Distict Sonipat.
2. Prosecution story, set up in the present case as per the version in the FIR reads as under :- ‘To the SHO, PS Bahalgarh, Sonipat (Haryana). Subject: lodging of FUIR under the above subject, it is requested that I am Karambir Singh CGHS Card Holder. I have never been admitted to Rama Hospital of this District for my treatment. But this hospital tried to claim a false bill by logging into my card and I have received the message of this claim, a copy of which I am attaching with this application. 2. Therefore, you are Anuradha 2025.06.20 06:17 I attest to the accuracy and integrity of this document
CRM-M-32960-2025 2 requested to please register an FIR on my behalf and investigate the attempt made by Rama Hospital to make a false claim on my card. Sd/- Karambir Singh, Applicant Karambir Singh, S/o Late Jageram, Rio Malik Colony, Sonipat, Mob No. 8950160264. Xxxx.’
3.
Contentions On behalf of the petitioner
Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He submits that the petitioner was not named in the FIR and was subsequently nominated on the basis of the disclosure statement of co-accused. He further submits that main accused Dr. Vijay Kumar Gupta has already been admitted to anticipatory bail by this Court vide order dated 26.05.2025 passed in CRM-M-6192-2025. He has further argued that the money if received was also not given to the petitioner but to the main accused.
Learned counsel for the petitioner undertakes that the petitioner is ready and willing to join the investigation and cooperate with the investigating officer. Notice of motion. On behalf of the State Learned State Counsel appearing on advance notice on instructions from Investigating officer vehemently opposes the prayer for grant of concession of anticipatory bail stating that the petitioner has provided the CGHS card of the complainant to some other person for which he has charged Rs. 15,000/- from them and the card is still Anuradha 2025.06.20 06:17 I attest to the accuracy and integrity of this document
CRM-M-32960-2025 3 lying with Rama hospital and it is on that account, custodial interrogation of the petitioner is required.
4.
Analysis In light of the above said circumstances, wherein there is a dispute qua the possession of the card; the petitioner was named on the basis of the disclosure statement of the co-accused; the main accused Dr. Vijay Kumar Gupta has already been granted concession of anticipatory bail; it would be unjust and unfair to send him behind the bars, hence, this Court finds no reason to deny the petitioner the concession of anticipatory bail, wherein the petitioner has bona fide intentions and is willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period. 5. Relief Hence, in view of the admitted set of circumstances before this Court, the petitioner is hereby directed to be released on anticipatory bail subject to him joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS of which are reproduced below :- ‘When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- Anuradha 2025.06.20 06:17 I attest to the accuracy and integrity of this document
CRM-M-32960-2025 4 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within one week, the order passed by this Court today shall automatically stand cancelled. The petition in the aforesaid terms stand allowed.
(SANDEEP MOUDGIL) JUDGE 20.06.2025 anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.06.20 06:17 I attest to the accuracy and integrity of this document