CRM CRM CRM CRM----M M M M----40950 40950 40950 40950 224 224 224 224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Rubil Arora State of Haryana CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET SUMEET SUMEET SUMEET GOEL GOEL GOEL GOEL 1. Bhartiya Nagarik Suraksha Sanhita, 2023 concession of 16.02.2025, IPC, 1860, at Police Station Thanesar Sadar, District Kurukshetra 2. preferred this petition under Section 40950 40950 40950 40950----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: versus Haryana HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Aman Pal, Advocate and Ms. Swati Katoch, Advocate for Mr. Gurmeet Singh, AAG Haryana. Mr. Rajesh Kumar Moudgil, Advocate for the complainant. ***** GOEL GOEL GOEL GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case registered for offences punishable under Sections 406/420 of at Police Station Thanesar Sadar, District Kurukshetra On 31.07.2025, the following order was passed: “Apprehending his arrest in FIR No.102 dated 16.02.2025 registered for offences punishable under Sections 406/420 of IPC at Police Station Thanesar Sadar, District Kurukshetra; the petitioner has preferred this petition under Section Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioner, inter alia, contends that the petitioner is a consultant who was merely advising the petitioner, the dispute pertains to the year 2023 and the FIR came to be registered in the year 2025, in order to show his bonafide, the petitioner is willing to pay the complainant (the amount which is alleged to have been transferred to him by way of bank transaction) & the petitioner is willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. T Haryana has entered appearance on behalf of the respondent Haryana. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----40950 40950 40950 40950----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 28, August 28, August 28, August 28, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Gurmeet Singh, AAG Haryana. , Advocate for the complainant. Present petition has been filed under Section 482 of the (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.102 dated registered for offences punishable under Sections 406/420 of at Police Station Thanesar Sadar, District Kurukshetra. he following order was passed: Apprehending his arrest in FIR No.102 dated 16.02.2025 ences punishable under Sections 406/420 of IPC at Sadar, District Kurukshetra; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha arrest bail. oner, inter alia, contends that the petitioner is consultant who was merely advising the petitioner, the dispute pertains 2023 and the FIR came to be registered in the year 2025, in bonafide, the petitioner is willing to pay Rs.3.60 lakhs to amount which is alleged to have been transferred to transaction) & the petitioner is willing to join On the strength of advance notice; Mr. Tarun Aggarwal, Addl.AG, Haryana has entered appearance on behalf of the respondent-State of ....Petitioner ....Respondent Present petition has been filed under Section 482 of the t of FIR No.102 dated registered for offences punishable under Sections 406/420 of Apprehending his arrest in FIR No.102 dated 16.02.2025 ences punishable under Sections 406/420 of IPC at Sadar, District Kurukshetra; the petitioner has 482 of Bharatiya Nagarik Suraksha oner, inter alia, contends that the petitioner is consultant who was merely advising the petitioner, the dispute pertains 2023 and the FIR came to be registered in the year 2025, in Rs.3.60 lakhs to amount which is alleged to have been transferred to transaction) & the petitioner is willing to join arun Aggarwal, Addl.AG, State of MAHAVIR SINGH 2025.08.28 17:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----40950 40950 40950 40950----2025 2025 2025 2025 2222 At this stage; Mr. Rajesh Kumar Moudgil, Advocate has put in appearance on behalf of the complainant and filed power of attorney. Adjourned to 28.08.2025. The petitioner is directed to appear before the Investigating Officer on 07.08.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 3. Learned counsel for the petitioner has argued that the petitioner has joined investigation and has cooperated therein. He has further submitted that he has brought forth a demand draft bearing No.466793 dated 22.08.2025 for an amount of Rs.3,60,000/- in favour of the complainant, namely, Dharampal Singh, to be handed over to the complainant without prejudice to his rights etc. A copy thereof has been tendered in the Court today, which is taken on record. 4. Learned State counsel (on instructions) has stated that pursuant to the order dated 31.07.2025, the petitioner has indeed joined investigation, but his custodial interrogation is required to effect recovery of the entire duped amount, which is Rs.6.60 lakhs. 5. Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that allegations against the petitioner are serious and direct in nature. He has further iterated that in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that he may abscond from the process of justice and also intimidate the witnesses. He has however, received the aforesaid demand draft of Rs.3.60 lakhs without prejudice to his rights/ contentions. 6. Having heard learned counsel for the parties and upon perusal of the record, especially in view of the factum of the petitioner having joined investigation and cooperated therein, but his custodial interrogation being MAHAVIR SINGH 2025.08.28 17:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----40950 40950 40950 40950----2025 2025 2025 2025 3333 sought only to effect recovery of entire duped amount of Rs.6.60 lakhs, the interim order dated 31.07.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 7. Petition stands allowed, accordingly. 8. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 9. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 10. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 11. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE August 28, August 28, August 28, August 28, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.08.28 17:44 I attest to the accuracy and authenticity of this order/ judgment