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High Court of Punjab and Haryana · body

2025 DAILYLAW 93211 (PNJ)

RAMBHUL v. STATE OF HARYANA

CRM-M/45573/2025 · 2025-08-21

Sandeep Moudgil

body2025

Judgment text

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CRM-M-45573-2025 -1- 111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45573-2025 DECIDED ON: 21.08.2025 RAMBHUL .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Pranav Chadha, Advocate and Mr. J.S. Virk, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) 1. Prayer The jurisdiction of this Court has been invoked under Section 482 of BNSS, 2023 praying for grant of Anticipatory bail to the petitioner in FIR No. 422 dated 30.07.2025 under Section 406, 420 IPC (316 & 318 of BNS) and Section 24 of Immigration Act, registered at Police Station Assandh, Karnal (Annexure P -1). 2 Contention On behalf of the petitioner Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that no money has been transferred to the account of the petitioner. He further submits that the police have not produced any documents to substantiate the complainant’s claim regarding the arrangement MEENU 2025.08.21 17:19 I attest to the accuracy and integrity of this document CRM-M-45573-2025 -2- of money as alleged in the complaint. On behalf of the petitioner, it is undertaken that he is ready and willing to cooperate with the investigation. Notice of motion. On behalf of the State/complainant On the asking of Court, Mr. Sushil Bhardwaj, Addl. AG. Haryana, accepts notice on behalf of respondent/State, whereas Mr. Ashish Sindher, Advocate has put in appearance on behalf of the complainant and filed his vakalatnama, which is taken on record. Learned State counsel assisted by learned counsel for the complainant prays for the dismissal of the present petition, stating that the petitioner has cheated the complainant and has caused a preliminary loss of Rs. 24,00,000/- to the complainant, and therefore, custodial interrogation of the petitioner is necessary at this stage. 3. Analysis Considering the fact that there is no evidence of any money having been transferred to his account, the absence of documentary proof presented by the police to substantiate the allegations made by the complainant, no prima facie case against the petitioner can be seen to be having loan, made out and the petitioner has undertaken before this Court that he will join the investigation. Therefore, this Court is of the view that custodial interrogation is not necessary at this stage. 4. Relief:- Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner shall also MEENU 2025.08.21 17:19 I attest to the accuracy and integrity of this document CRM-M-45573-2025 -3- abide by the 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 one week, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed. (SANDEEP MOUDGIL) 21.08.2025 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2025.08.21 17:19 I attest to the accuracy and integrity of this document