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2025 DAILYLAW 85137 (PNJ)

ROHAN v. STATE OF HARYANA

CRM-M/40514/2025 · 2025-07-29

Sandeep Moudgil

body2025

Judgment text

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1 CRM-M-40514-2025 142 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40514-2025 DECIDED ON: 29.07.2025 ROHAN .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Aditya Sanghi, Advocate with Mr. Pranav Arora, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) 1. Relief Sought The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 seeking grant of anticipatory bail to the petitioner in FIR No. 298 dated 08.08.2024 registered under Sections 406, 420, 467, 468, 471, 120-B IPC (also under Sections 316 (2) & 318 (2) BNS), P.S. Sirsa Sadar, District Sirsa, Hayana. 2. Contention On behalf of the petitioner Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as he has been nominated in the instant FIR on the basis of disclosure statement of co-accused Babbalpreet Singh, who has already been granted the concession of anticipatory bail by the Sessions Court on 30.06.2025 (Annexure P-14). He further contends that the petitioner is at parity with co-accused Rajesh Khanna, who has already been granted the concession of anticipatory bail by this Court vide order dated SONIA BURA 2025.07.30 10:16 I attest to the accuracy and integrity of this document 2 CRM-M-40514-2025 19.09.2024 (Annexure P-4) passed in CRM-M-46700-2024. He further submits that the petitioner is ready and willing to join the investigation and cooperate with the investigating officer concerned. Notice of motion. On behalf of the State On the asking of Court, MR. Sushil Bhardwaj, Addl. AG, Haryana accepts notice on behalf of respondent-State and opposes the grant of anticipatory bail to the petitioner. She, however, does not controvert the fact that the petitioner is at par with the co-accused Rajesh Khanna, who has already been granted the concession of anticipatory bail. 4. Analysis Be that as it may, considering the fact that the petitioner was nominated as an accused only on the basis of disclosure statement of co- accused, the evidentiary value of which is weak nature. Moreover, the co- accused namely Rajesh Khanna has already been granted the concession of anticipatory bail by this Court vide order dated 19.09.2024 (Annexure P-4) in CRM-M-46700-2024 and also considering the undertaking given before this Court that the petitioner is ready and willing to join the investigation and cooperate with the investigation officer concerned. 5. Decision In the light of above, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of seven days from today, on furnishing of personal/surety bonds to his satisfaction. The petitioner shall also abide by the SONIA BURA 2025.07.30 10:16 I attest to the accuracy and integrity of this document 3 CRM-M-40514-2025 terms and conditions as envisaged under Section 482(2) of BNSS, 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- (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 a period of seven days, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed. (SANDEEP MOUDGIL) 29.07.2025 JUDGE Sonia Whether speaking/reasoned Yes/No Whether reportable Yes/No SONIA BURA 2025.07.30 10:16 I attest to the accuracy and integrity of this document