CRM-M-15748-2026 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 104 CRM-M-15748-2026 (O&M) Date of decision:17.04.2026 Ramesh Kumar @ Ramesh Kumar Goyal ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. Ashok Singla, Advocate, for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab. ***** AMAN CHAUDHARY, J. (ORAL) 1. The present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in FIR No.44 dated 04.04.2025, registered at Police Station Sirhind, District Fatehgarh Sahib, under Sections 318(4), 338, 336(3), 340(2), 61 of BNS (corresponding to Sections 420, 467, 468, 471 and 120A and 120B IPC) and off ence under Sections 316(4), 318, 61(2) of BNS (corresponding to Sections 408, 415, 417, 418, 420, 120-B IPC) and Sections 13(1)(b) and 13(2) of Prevention of Corruption Act added later on. 2. Learned counsel submits that the petitioner, Senior Accountant, was assigned duties of the post of BDPO and had never signed the cheques issued in favour of different firms as mentioned in para 5 of the status report nor received DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 2 - any message regarding the same on his mobile phone. There were some amounts during the tenure of the previous BDPO also, wherein similar cheques were issued and the transactions were made and by the present complainant as well, thus, prays that he be granted anticipatory bail . 3. Learned State counsel, on the other hand, has drawn the attention of this Court to the mobile number of the petitioner on which the intimation regarding clearance of the cheques was received, it being the same as mentioned in memo of parties of this petition, to be his own and the same number is also on the original cheques, the same his signatures thereon. Further that, in the tabulated details which have been given, the cheques were issued based on resolutions and on some dates without there being any on a few. Records of the Gram Panchayat are not available and therefore his custodial interrogation is required to ascertain the modus operandi of usurping the Government funds. The petitioner is involved in one more case under the Prevention of Corruption Act, 1988, wherein he was caught red handed in a trap case, accepting the bribe amount and another under IPC, thus, he is a habitual offender. There is an apprehension that he can tamper with the evidence or influence the witnesses as also flight risk. 4. Heard. 5. It would be apposite to refer to the status report dated 08.04.2026, DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 3 - relevant paras whereof read thus: “5. That the petitioner remained as BDPO during the period of 07.11.2022 to 10.07.2024 and alleged embezzlement of approximately Rs. 19 crores occurred during his tenure and out of those 19 crores the cheques amounting to Rs. 10 crores are in the possession of the Vigilance Department and the remaining cheques amounting to Rs. 9 crores are yet to be recovered from the different Banks and all 131 cheques were issued under his signatures primarily connecting him with the present offence. It would be relevant to mention here that as per rules, any amount above Rs. 25,000/- has to be signed by the BDPO concerned and therefore signatures of the petitioner were appended over the above said cheques. Sr no Chequ e No. Cheque Date Cheque Passing Date Amount resolution Y/N MOB. 9 crores are yet to be recovered from the different Banks and all 131 cheques were issued under his signatures primarily connecting him with the present offence. It would be relevant to mention here that as per rules, any amount above Rs. 25,000/- has to be signed by the BDPO concerned and therefore signatures of the petitioner were appended over the above said cheques. Sr no Chequ e No. Cheque Date Cheque Passing Date Amount resolution Y/N MOB. USED FOR CONFORMATIOM 1 177 02-01-2023 02-02-2023 2,30,454 yes 94631-93749 2 178 02-01-2023 02-02-2023 1,50,000 yes 94631-93749 3 180 04-01-2023 02-02-2023 1,50,000 yes 94631-93749 4 179 04-01-2023 02-02-2023 8,80,000 yes 94631-93749 5 176 02-01-2023 02-02-2023 659200 yes 94631-93749 6 243 09-02-2023 15/02/2023 24,76,000 yes 94631-93749 7 241 09-02-2023 15/02/2023 23,97,000 yes 94631-93749 8 246 09-02-2023 15/02/2023 29,51,000 yes 94631-93749 9 245 09-02-2023 15/02/2023 32,61,000 yes 94631-93749 10 186 13/02/2023 20/02/2023 2,30,000 no 94631-93749 11 184 06-02-2023 20/02/2023 1,50,000 no 94631-93749 12 185 06-02-2023 20/02/2023 1,50,000 no 94631-93749 13 181 06-02-2023 20/02/2023 5,17,000 no 94631-93749 14 249 06-02-2023 21/02/2023 23,70,000 no Nazar Superdent 15 253 06-02-2023 21/02/2023 17,91,000 no Nazar Superdent 16 251 06-02-2023 21/02/2023 19,71,000 no Nazar Superdent 17 250 06-02-2023 21/02/2023 21,51,000 no Nazar Superdent 18 187 20/2/2023 21/02/2023 2,33,500 no Nazar Superdent 19 188 20/02/2023 21/02/2023 1,00,000 no no mobile number 20 191 22/02/2023 22/02/2023 4,00,000 yes 94631-93749 21 248 06-02-2023 09-03-2023 17,70,000 no 94631-93749 22 254 06-03-2023 09-03-2023 29,97,700 no 94631-93749 23 252 06-03-2023 09-03-2023 30,61,400 no no mobile number 24 256 06-03-2023 09-03-2023 27,71,700 no no mobile number 25 192 06-03-2023 09-03-2023 2,84,294 no no mobile number 26 195 06-03-2023 09-03-2023 23,600 no no mobile number 27 196 06-03-2023 09-03-2023 1,02,000 no no mobile number 28 194 06-03-2023 13/03/2023 1,36,000 no Ramesh( by Shweta) 29 247 06-03-2023 13/03/2023 32,50,000 no Ramesh( by Shweta DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 4 - 30 257 16/03/2023 20/03/2023 21,00,300 no 94631-93749 31 258 16/03/2023 20/03/2023 23,00,900 no 94631-93749 32 198 16/03/2023 20/03/2023 1,35,996 no 94631-93749( by Suman) 33 197 16/03/2023 20/03/2023 5,46,000 no 94631-93749 34 200 16/03/2023 20/03/2023 69,550 no 94631-93749 35 199 16/03/2023 20/03/2023 5,18,947 no 94631-93749 36 204 27/03/2023 29/03/2023 85,810 no Ramesh(Shweta) 37 364 27/03/2023 29/03/2023 3,54,470 no Ramesh(Shweta) 38 201 16/03/2023 29/03/2023 1,00,000 no Ramesh(Shweta) 39 202 16/03/2023 29/03/2023 20,000 no Ramesh(Shweta) 40 362 27/03/2023 29/03/2023 8,76,000 no no mobile number 41 259 16/03/2023 29/03/2023 20,00,200 no Ramesh(Shweta) 42 260 16/03/2023 29/03/2023 19,00,700 no Ramesh(Shweta) 43 363 27/03/2023 29/03/2023 150000 no no mobile number 44 365 28/03/2023 7/04/2023 2,71,992 yes 94631-93749( by Suman) 45 410 28/03/2023 7/04/2023 21,97,000 no Ramesh( by Suman) 46 409 28/03/2023 7/04/2023 23,61,000 no Ramesh( by Suman) 47 369 10-04-2023 18/04/2023 1,58,890 yes 94631-93749 48 413 10-04-2023 18/04/2023 23,61,700 no 94631-93749 49 368 10-04-2023 18/04/2023 7,90,520 yes 94631-93749 50 415 10-04-2023 18/04/2023 24,51,900 no no mobile number 51 414 10-04-2023 18/04/2023 21,97,600 no 94631-93749 52 416 10-04-2023 18/04/2023 19,70,100 no 94631-93749 53 412 10-04-2023 18/04/2023 23,71,100 no 94631-93749 54 370 10-04-2023 18/04/2023 5,38,762 no 94631-93749 55 411 10-04-2023 27/04/2023 24,51,300 no 93171-00076 56 417 10-04-2023 27/04/2023 23,91,900 no 93171-00076(suman) 57 374 28-04-2023 09-05-2023 9,80,400 no Ramesh 58 375 28-04-2023 09-05-2023 17,76,750 no Ramesh 59 373 28-04-2023 09-05-2023 2,03,994 no Ramesh 60 FD 10-05-2023 11-05-2023 100936986.3 61 420 28/04/2023 11-05-2023 30,61,500 no Ramesh(Shweta) 62 423 28/04/2023 11-05-2023 29,76,750 no Ramesh(Shweta) 63 372 28/04/2023 11-05-2023 13,73,280 no Ramesh(Shweta) 64 376 28/04/2023 11-05-2023 21,73,100 no Ramesh(Shweta) 65 422 28/04/2023 11-05-2023 30,71,400 no Ramesh(Shweta) 66 424 28/04/2023 11-05-2023 25,80,400 no Ramesh(Shweta) 67 371 27/04/2023 11-05-2023 1,50,000 no no mob. number 68 421 28/04/2023 11-05-2023 23,73,280 no Ramesh(Shweta) 69 378 15/05/2023 22/05/2023 1,47,210 no no mob number only ramesh name 70 380 15/05/2023 22/05/2023 3,23,000 no Ramesh(Shweta) 71 425 15/05/2023 22/05/2023 12,47,100 no Ramesh(Shweta) 72 426 15/05/2023 22/05/2023 13,76,750 no Ramesh(Shweta) 73 379 15/05/2023 24/05/2023 1,50,000 no no mobile number DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 5 - 74 381 17/05/2023 07-06-2023 4,24,468 no Ramesh(Suman) 75 384 17/05/2023 07-06-2023 2,23,500 no Ramesh(Suman) 76 382 17/05/2023 07-06-2023 4,71,250 no Ramesh(Suman) 77 386 18/05/2023 07-06-2023 4,83,000 no Ramesh(Suman) 78 436 19/05/2023 07-06-2023 21,52,000 no Ramesh(Suman) 79 387 19/05/2023 07-06-2023 5,43,750 no Ramesh(Suman) 80 385 18/05/2023 07-06-2023 5,52,000 no Ramesh(Suman) 81 435 18/05/2023 07-06-2023 23,78,500 no Ramesh(Suman) 82 437 18/05/2023 07-06-2023 19,71,250 no Ramesh(Suman) 83 FD 07-06-2023 07-06-2023 101491780.8 84 388 18/05/2023 14/06/2023 50,000 no Ramesh(Suman) 85 389 19/05/2023 14/06/2023 50,000 no Ramesh(Suman) 86 429 18/05/2023 14/06/2023 23,97,000 no Ramesh(Suman) 87 430 19/05/2023 14/06/2023 25,61,000 no Ramesh(Shweta) 88 392 03-07-2023 12-07-2023 90,820 no Ramesh(Shweta) 89 394 03-07-2023 12-07-2023 2,05,200 no Ramesh(Shweta) 90 391 03-07-2023 12-07-2023 15,718 no no mobile number 91 428 03-07-2023 12-07-2023 13,80,820 no no mobile number 92 433 03-07-2023 12-07-2023 15,61,200 no no mobile number 93 395 03-07-2023 12-07-2023 1,02,234 no no mobile number 94 399 11-07-2023 14/07/2023 2,005,47 yes Ramesh(Suman) 95 400 11-07-2023 14/07/2023 1813470 yes Ramesh(Suman 96 427 11-07-2023 14/07/2023 17,70,547 yes no mobile number 97 401 13-07-2023 14/07/2023 2,14,000 yes Ramesh(Suman) 98 398 11-07-2023 14/07/2023 2,00,000 yes Ramesh(Suman) 99 464 17/07/2023 03-08-2023 8,73,735 no Ramesh 100 465 20/07/2023 03-08-2023 6,53,370 no Ramesh 101 461 14/07/2023 03-08-2023 9,60,320 no Ramesh 102 466 20/07/2023 03-08-2023 4,71,140 no Ramesh 103 462 14/07/2023 03-08-2023 9,73,824 no Ramesh 104 463 17/07/2023 03-08-2023 10,10,542 no Ramesh 105 467 17/07/2023 04-08-2023 6,53,370 no no mobile number 106 468 20/07/2023 04-08-2023 4,71,140 no no mobile number 107 473 15/07/2023 07-08-2023 4,97,181 no Ramesh 108 469 15/07/2023 07-08-2023 6,83,988 no Ramesh 109 474 15/07/2023 07-08-2023 530275 no Ramesh 110 475 15/07/2023 07-08-2023 1250461 no Ramesh 111 479 09-08-2023 19/09/2023 1,70,000 no no mobile number 112 480 09-08-2023 19/09/2023 1,08,000 no no mobile number 113 482 09-11-2023 19/09/2023 1,35,000 no no mobile number 114 483 09-11-2023 19/09/2025 2,50,000 no no mobile number 115 477 09-08-2023 20/09/2023 1,75,000 no no mobile number 116 487 09-12-2023 20/09/2023 5,00,000 no no mobile number 117 488 09-12-2023 20/09/2023 5,00,000 no no mobile number 118 449 09-12-2023 20/09/2023 27,52,100 no no mobile number 119 489 09-12-2023 20/09/2023 1,00,000 no no mobile number DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 6 - 120 478 09-08-2023 20/09/2023 3,50,000 no no mobile number 121 492 15/09/2023 27/10/2023 30,000 no no mobile number 122 493 15/09/2023 27/10/2023 30,000 no no mobile number 123 491 15/09/2023 27/10/2023 30,000 no no mobile number 124 494 15/09/2023 27/10/2023 30,000 no no mobile number 125 495 15/09/2023 27/10/2023 30,000 no no mobile number 126 498 15/09/2023 27/10/2023 30,000 no no mobile number 127 508 14/02/2024 01-03-2024 50,00,000 NO no mobile number 128 509 28/02/2024 03-07-2024 96,00,000 yes no mobile number 129 711 02-05-2025 26/03/2025 20,000 no no mobile number 130 712 27/02/2025 02-04-2025 24,000 no no mobile number 131 383 17-05-2023 07-06 -2023 4,78,500 no Ramesh(Suman ) ” 6. Hon'ble the Supreme Court in Sumitha Pradeep vs. Arun Kumar C.K. , 2022 SCC OnLine SC 1529, observed that requirement of custodial interrogation is not the only ground to decide the grant of anticipatory bail. The relevant para reads thus: “In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 7 - to decline anticipatory bail. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail. ” 7. In Jai Parkash Singh vs. State of Bihar (2012) 4 SCC 379, Hon’ble the Supreme Court while relying on the judgments in the cases of D.K. Ganesh Babu vs. P.T Manokaran (2007) 4 SCC 434, State of Maharashtra vs. Mohd. Sajid Husain Mohd. S. Husain , (2008) 1 SCC 213, and Union of India vs. Padam Narain Aggarwal (2008) 13 SCC 305, held thus: “6. We have considered the rival submissions made by the learned counsel appearing for the parties and perused the record. 7. The provisions of Section 438 Cr.P.C. lay down guidelines for considering the anticipatory bail application, which read as under: “438. Direction for grant of bail to person apprehending arrest.- (1) Where any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and that court may, after taking into consideration, inter alia, the following factors, namely:- (i) The nature and gravity of the accusation; (ii) The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail.” xx xx xx DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 8 - 8. In view of the above, it is mandatory on the part of the court to ensure the compliance of the pre-requisite conditions for grant of anticipatory bail including the nature and gravity of the accusation. xx xx xx 13. There is no substantial difference between Sections 438 and 439 Cr.P.C. so far as appreciation of the case as to whether or not a bail is to be granted, is concerned. However, neither anticipatory bail nor regular bail can be granted as a matter of rule. The anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. The judicial discretion conferred upon the court has to be properly exercised after proper application of mind to decide whether it is a fit case for grant of anticipatory bail. xx xx xx 21. In the facts and circumstances of this case, we are of the considered opinion that it was not a fit case for grant of anticipatory bail. The High Court ought to have exercised its extraordinary jurisdiction following the parameters laid down by this Court in above referred to judicial pronouncements, considering the nature and gravity of the offence and as the FIR had been lodged spontaneously, its veracity is reliable. The High Court has very lightly brushed aside the fact that FIR had been lodged spontaneously and further did not record any reason as how the pre-requisite conditions incorporated in the statutory provision itself stood fulfilled. Nor did the court consider as to whether custodial interrogation was required.” 8. Hon’ble the Supreme Court in the case of P. Chidambaram vs. Directorate of Enforcement, (2019) 9 SCC 24, has observed that, “Ordinarily, arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 9 - the pre-arrest bail should be granted only in exceptional cases. The judicial discretion conferred upon the court has to be properly exercised after application of mind as to the nature and gravity of the accusation; possibility of applicant fleeing justice and other factors to decide whether it is a fit case for grant of anticipatory bail. Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail. Anticipatory bail is not to be granted as a matter of rule and it has to be granted only when the court is convinced that exceptional circumstances exist to resort to that extraordinary remedy.” 9 . Even otherwise, the petitioner has not been able to show absence of a prima facie offence so as to warrant the extraordinary relief of anticipatory bail, as held by Hon’ble the Supreme Court in Salochna Pardi vs. State of Madhya Pradesh and another , SLP Crl. No. 18200-2025, vide judgment dated 06.01.2026. 10. It is the bounden duty of the Court to take into consideration all the facts and circumstances and after its utmost satisfaction, grant anticipatory bail only in exceptional circumstances, where all the factors and parameters are met and there is no possibility of the accused interfering in the path of justice. DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 10 - 11. Prima facie , the allegations against the petitioner are grave and attract serious concern, particularly in light of the position of public trust held by him as a BDPO. The same discloses commission of serious offences involving cheating, criminal breach of trust and misappropriation of government funds of Rs. 19 Crores meant for public welfare, as detailed in para No.5 of the status report reproduced hereinabove. It has come to light that the mobile numbers on which the intimidation regarding the cheques were sent and the one mentioned in the memo of the parties to be that of the petitioner, are identical, therefore he cannot now plead ignorance. Considering the gravity and nature of the same, his custodial interrogation is necessary for a fair and effective investigation, particularly for recovery of the misappropriated proceeds and for unearthing the complete modus operandi as well as the money trail. Moreover, co-accused, the Sarpanch, who is similarly circumstanced had filed an anticipatory bail before this Court, wherein liberty was granted to him to first approach the Court of Sessions vide order dated 16.03.2026 in CRM-M-33134-2025, which has subsequently been dismissed on 01.04.2026. There exists a reasonable apprehension that he may influence witnesses or tamper with the evidence if granted the concession of anticipatory bail. The petitioner is stated to be involved in one more case under the Prevention of Corruption Act, 1988. Accordingly, this Court does not find it a fit case to grant DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document CRM-M-15748-2026 (O&M) - 11 - the concession of anticipatory bail to him, as the element of criminality cannot be ruled out and permitting him to join the investigation under the protective umbrella of pre-arrest bail is likely to hamper a thorough and effective investigation and impede the unravelling of the larger conspiracy. 12. In view of the foregoing discussion, the present petition is hereby dismissed, being devoid of merit. 13. The observations made hereinabove are meant only for the purpose of deciding the present petition and in no manner are to be construed as an expression of opinion on the merits of the case. (AMAN CHAUDHARY) JUDGE 17.04.2026 dinesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DINESH 2026.04.18 17:41 I attest to the accuracy and integrity of this document