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2026 DAILYLAW 26580 (PNJ)

NAJIM v. STATE OF HARYANA

CRM-M/29249/2026 · 2026-07-06

Shalini Singh Nagpal

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Judgment text

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210 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-29249-2026 (O&M) Date of Decision: 06.07.2026 NAJIM …Petitioner V/S STATE OF HARYANA …Respondent CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Jaswinder Singh Brar, Advocate for the petitioner. Mr. Kshitij Bharti, Assistant Advocate General, Haryana. **** SHALINI SINGH NAGPAL J. (Oral) 1. Petitioner seeks anticipatory bail in FIR No. 170 dated 15.11.2025, under Sections 318(2), 318(4) Bharatiya Nyaya Sanhita, 2023, Police Station Pratap Nagar, District Yamuna Nagar. This is the first petition for anticipatory bail. 2. On 29.05.2026, following order was passed: “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.170 dated 15.11.2025 registered under Sections 318(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, District Yamuna Nagar. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He argued that the the incident pertains to 13.06.2025 but the FIR in question was registered on 15.11.2025 i.e. after an unexplained delay of more than 06 AJAY GOSWAMI 2026.07.07 12:26 I attest to the accuracy and integrity of this document CRM-M-29249-2026 (O&M) -2- months, casting serious doubt on the prosecution story. He argued that as per prosecution version, when the complainant came to know about the transfer of tubewell connection in the name of the petitioner, he, instead of filing the complaint, immediately approached the Civil Court to file the civil suit for declaration against the petitioner because the complainant was well aware about the said fact as he had himself sold the connection to the petitioner. He further argued that the petitioner has not forged any document or affidavit to get the tubewell connection transferred in his favour and therefore, no offence under Sections 318(2) and 318(4) is made out against the petitioner. He further submitted that the contents of the FIR do not fulfill the ingredients of cheating in any manner. He further argued that if the contents of the FIR are taken to be true, even then the dispute in the present case is of civil nature, which has been given criminal colour by registering the present FIR. No recovery is to be effected from the petitioner. Moreover, the petitioner has clean antecedents as he is not involved in any other case. Learned counsel for the petitioner further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while referring to the same, she has opposed the prayer for grant of anticipatory bail, by submitting that the AJAY GOSWAMI 2026.07.07 12:26 I attest to the accuracy and integrity of this document CRM-M-29249-2026 (O&M) -3- allegations levelled against the petitioner are serious in nature as he was specifcially named in the FIR. Adjourned to 06.07.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 3. Learned State counsel on instructions from ASI Jaswinder Singh submits that petitioner has joined investigation and is no longer required for custodial interrogation. 4. Petitioner has joined investigation pursuant to order of this Court dated 29.05.2026 and his further custodial interrogation is not required. In the circumstances of the case but without commenting on merits, the petition is allowed and order dated dated 29.05.2026, granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. 5. Pending CRM(s), if any, are also disposed of accordingly. (SHALINI SINGH NAGPAL) 06.07.2026 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2026.07.07 12:26 I attest to the accuracy and integrity of this document