CRM IN THE PUNJAB AND HARYANA HIGH COURT AT 206 Sahtab and others State of Haryana CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: SHALINI SINGH NAGPAL 1. No.124 dated Police Station Partap Nagar, petition for 2. order was CRM-M-31950-2026 (O&M) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM Date of decision: 23.07.2026 and others V/S Haryana CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Mr. Gaurav Vir Singh Behl, Advocate and Mr. Sagar Bansal, Advocate for the petitioners. Ms. Kanica Sachdeva, DAG, Haryana Mr. Namit Khurana, Advocate for the complainant. **** SHALINI SINGH NAGPAL J. (Oral) Petitioners seek anticipatory bail in case arising out of FIR dated 27.08.2025, under Sections Police Station Partap Nagar, District Yamuna Nagar for anticipatory bail. While issuing notice of motion passed:- “ Petitioners seek anticipatory bail in FIR No. 124 dated 27.08.2025 under Sections 316(2), 318(4), 3(5) haratiya Nyaya Sanhita, 2023, Police Station Partap Nagar, District Yamuna Nagar. This is the first petition for anticipatory bail. Complainant Raj Kumar proprietor of M/s Gurbani Rice Mill, Pratap Nagar, District Yamuna Nagar alleged that her son Anupam Walia managed 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-31950-2026 (O&M) Date of decision: 23.07.2026 …Petitioners V/S …Respondent CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Gaurav Vir Singh Behl, Advocate and Mr. Sagar Bansal, Advocate for the petitioners. Ms. Kanica Sachdeva, DAG, Haryana. Mr. Namit Khurana, Advocate for the complainant. anticipatory bail in case arising out of FIR , under Sections 316(2), 318(4), 3(5) of BNS, Yamuna Nagar. This is the first motion on 03.06.2026, following Petitioners seek anticipatory bail in FIR No. 124 dated 27.08.2025 under Sections 316(2), 318(4), 3(5) haratiya Nyaya Sanhita, 2023, Police Station Partap Nagar, District Yamuna Nagar. This is the first petition for Complainant Raj Kumari wife of Ashok Walia, M/s Gurbani Rice Mill, Pratap Nagar, District her son Anupam Walia managed anticipatory bail in case arising out of FIR 316(2), 318(4), 3(5) of BNS, first following Petitioners seek anticipatory bail in FIR No. 124 dated 27.08.2025 under Sections 316(2), 318(4), 3(5) haratiya Nyaya Sanhita, 2023, Police Station Partap Nagar, District Yamuna Nagar. This is the first petition for i wife of Ashok Walia, M/s Gurbani Rice Mill, Pratap Nagar, District her son Anupam Walia managed KAPIL 2026.07.23 19:23 I attest to the accuracy and integrity of this document CRM CRM-M-31950-2026 (O&M) the firm with her. The 3 accused namely Rashid were real brothers who had been working for 10 years as Foremen in different Rice Mills at Pratapnagar/Khizrabad. They earned reputation of honesty over the past few years. Accused and their family members provided labour to various they themselves were engaged in various rice mills. In October 2024, they and her son that they had taken M/s Shri Shyam Rice rent/contract from its owners, from 01.10.2024 to 31.07.2025. They requested her and her son to sell their rice stock which they would, in turn, sell to various traders in Uttar Pradesh and Uttrakhand and pay their assurance, they supplied rice to the accused mill and accused purchased rice worth Rs.99,20,180/ Despite repeated requests, aforementioned amount. Later, she learnt that accused and their family members had conspired to M/s Shri Shyam Rice Mill. The case was filed and their family members at Pratapnagar Police Stat which was pending. Accused were again requested to make the payment whereupon they asked for some time. Accused No.1 Rashid issued postdated 14.07.2025 for Rs.50,20,440/ post-dated cheque No.108878 da Rs.35,03,360/- and accused No.3 Sahatab issued a post cheque No.127700 dated 14.07.2025 for Rs.13,96,380/ the account of Gurbani Rice Mill assuring that they would deposit sufficient amount in cheques may be presented. Under a the cheques was got stopped. When accused were asked for money, they kept postponing the matter and later 2 the firm with her. The 3 accused namely Naved, Sahtab and Rashid were real brothers who had been working for the past 10 years as Foremen in different Rice Mills at Pratapnagar/Khizrabad. They earned reputation of honesty few years. Accused and their family members rice mills in Paratapnagar and they themselves were engaged in purchasing rice from various rice mills. In October 2024, they represented to her and her son that they had taken M/s Shri Shyam Rice Mill on rent/contract from its owners, from 01.10.2024 to They requested her and her son to sell their rice in turn, sell to various traders in Uttar Pradesh and Uttrakhand and pay them a good price. On their assurance, they supplied rice to the accused from their mill and accused purchased rice worth Rs.99,20,180/-. Despite repeated requests, accused failed to pay up the Later, she learnt that accused and their family members had conspired to defraud the owners of M/s Shri Shyam Rice Mill. The case was filed against them and their family members at Pratapnagar Police Station, which was pending. Accused were again requested to make whereupon they asked for some time. Accused No.1 Rashid issued postdated cheque No.000015 dated 14.07.2025 for Rs.50,20,440/-, accused No.2 Naved issued dated cheque No.108878 dated 14.07.2025 for and accused No.3 Sahatab issued a post-dated No.127700 dated 14.07.2025 for Rs.13,96,380/- on Gurbani Rice Mill assuring that they would deposit sufficient amount in the account after which the s may be presented. Under a conspiracy, payment of the cheques was got stopped. When accused were again asked for money, they kept postponing the matter and later Naved, Sahtab and the past 10 years as Foremen in different Rice Mills at Pratapnagar/Khizrabad. They earned reputation of honesty few years. Accused and their family members rice mills in Paratapnagar and hasing rice from represented to her Mill on rent/contract from its owners, from 01.10.2024 to They requested her and her son to sell their rice in turn, sell to various traders in them a good price. On from their . accused failed to pay up the Later, she learnt that accused and defraud the owners of against them ion, which was pending. Accused were again requested to make whereupon they asked for some time. Accused cheque No.000015 dated No.2 Naved issued ted 14.07.2025 for dated on Gurbani Rice Mill assuring that they would the account after which the conspiracy, payment of again asked for money, they kept postponing the matter and later KAPIL 2026.07.23 19:23 I attest to the accuracy and integrity of this document CRM CRM-M-31950-2026 (O&M) extended threats to kill them. Thus, she and her son were cheated of Rs.99,20,180/-. Learned counsel for the petitioners submits that petitioners were in the business of crops which petitioner Naved and his brother had been selling crops to one Gagan Sharma. Petitioners had been taking from the complainant, which they returne in this regard, various agreements Annexure P1 dated 15.10.2021, Annexure P2 dated 02.08.2022, Annexure P3 dated 02.08.2022, Annexure P4 dated 16.09.2022, Annexure P5 dated 14.10.2022 were executed. The cheques in question were given to the complainant as security cheques, as per agreement Annexure P2 and with said Gagan Sharma, complainant misused the security cheques. Fake and fabricated bills of Gurbani Rice prepared to foist false cases against th regard, petitioners moved representations Annexure P11 and Annexure P12 to Superintendent of Police, District Yamuna Nagar on 23.07.2025 and 31.7.2025. Subsequently, vide Annexure P13, the matter was settled per settlement, complainant agreed to withdraw filed against the petitioners regarding bouncing of cheque No.108878, 00015 and 12770 as the disputes were amicably resolved and also agreed to return the cheques. The cheques, were, however not returned. In all the 3 bills, the signatures of the receiver were missing. Negotiable Instruments Act, 1881 were the petitioners with respect to the security cheques. entire story regarding supply of rice the FIR was false and petitioners who were ready and willing to join investigation, deserved the concession of anticipatory bail. 3 extended threats to kill them. Thus, she and her son were counsel for the petitioners submits that were in the business of crops which petitioner been selling crops to one Gagan Sharma. Petitioners had been taking various sums of money from the complainant, which they returned with interest and in this regard, various agreements Annexure P1 dated 15.10.2021, Annexure P2 dated 02.08.2022, Annexure P3 02.08.2022, Annexure P4 dated 16.09.2022, Annexure 14.10.2022 were executed. The cheques in question complainant as security cheques, as per agreement Annexure P2 and Annexure P3. In connivance with said Gagan Sharma, complainant misused the security cheques. Fake and fabricated bills of Gurbani Rice Mill were prepared to foist false cases against the petitioners. In this regard, petitioners moved representations Annexure P11 and P12 to Superintendent of Police, District Yamuna and 31.7.2025. Subsequently, vide Annexure P13, the matter was settled between the parties. As er settlement, complainant agreed to withdraw all cases filed against the petitioners regarding bouncing of cheque No.108878, 00015 and 12770 as the disputes were amicably also agreed to return the cheques. The cheques, ned. In all the 3 bills, the signatures of the receiver were missing. Proceedings under Section 138 Negotiable Instruments Act, 1881 were also initiated against the petitioners with respect to the security cheques. The entire story regarding supply of rice worth Rs.99,20,180/- in was false and petitioners who were ready and willing investigation, deserved the concession of anticipatory extended threats to kill them. Thus, she and her son were counsel for the petitioners submits that were in the business of crops which petitioner been selling crops to one Gagan various sums of money interest and in this regard, various agreements Annexure P1 dated 15.10.2021, Annexure P2 dated 02.08.2022, Annexure P3 02.08.2022, Annexure P4 dated 16.09.2022, Annexure 14.10.2022 were executed. The cheques in question complainant as security cheques, as per Annexure P3. In connivance with said Gagan Sharma, complainant misused the security Mill were e petitioners. In this regard, petitioners moved representations Annexure P11 and P12 to Superintendent of Police, District Yamuna and 31.7.2025. Subsequently, vide between the parties. As all cases filed against the petitioners regarding bouncing of cheque No.108878, 00015 and 12770 as the disputes were amicably also agreed to return the cheques. The cheques, ned. In all the 3 bills, the signatures Proceedings under Section 138 also initiated against The in was false and petitioners who were ready and willing investigation, deserved the concession of anticipatory KAPIL 2026.07.23 19:23 I attest to the accuracy and integrity of this document CRM 3. Vide order dated petitioners investigation. 4. Police, Yamuna Nagar taken on record. Learned State counsel on instructions from Investigating Officer-PSI Rajat and assisted by learned cou opposed the anticipatory bail on the ground that petitioners had duped the complainant of large sums of money, they did not cooperate in investigation and recovery of money was yet to be effected. CRM-M-31950-2026 (O&M) Learned State Counsel has opposed the prayer for anticipatory bail on the ground of serious and speci of allegations against the petitioners. Assisted by learned counsel for the complainant, he submits compromise was ever executed between the complainant and petitioners and the alleged compromise was false and fabricated. In the facts and circumstances of the case, petitioners are directed to appear before the Investigating/Arresting Officer and join one week or as and when required. In the event of arrest, the Investigating/Arresting Officer shall release petitioners on interim anticipatory bail on furnishing personal/surety bonds to his/her satisfaction. The petitioners shall also abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik 2023. State is directed to file status report on 23.07.2026. Vide order dated 03.06.2026 passed by this Court, the s were granted interim bail and investigation. Status report by way of affidavit of Deputy Superintendent of Police, Yamuna Nagar-II has been filed by learned State counsel, which is taken on record. Learned State counsel on instructions from Investigating PSI Rajat and assisted by learned cou opposed the anticipatory bail on the ground that petitioners had duped the complainant of large sums of money, they did not cooperate in investigation and recovery of money was yet to be effected. 4 Learned State Counsel has opposed the prayer for bail on the ground of serious and specific nature petitioners. Assisted by learned counsel for the complainant, he submits that no such compromise was ever executed between the complainant and petitioners and the alleged compromise was false and ts and circumstances of the case, directed to appear before the Investigating/Arresting Officer and join investigation within one week or as and when required. In the event of their arrest, the Investigating/Arresting Officer shall release the petitioners on interim anticipatory bail on furnishing bonds to his/her satisfaction. The petitioners shall also abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), cted to file status report on 23.07.2026.” .2026 passed by this Court, the granted interim bail and were directed to join Status report by way of affidavit of Deputy Superintendent of II has been filed by learned State counsel, which is taken on record. Learned State counsel on instructions from Investigating PSI Rajat and assisted by learned counsel for the complainant has opposed the anticipatory bail on the ground that petitioners had duped the complainant of large sums of money, they did not cooperate in investigation and recovery of money was yet to be effected. Learned State Counsel has opposed the prayer for fic nature petitioners. Assisted by learned that no such compromise was ever executed between the complainant and petitioners and the alleged compromise was false and ts and circumstances of the case, directed to appear before the investigation within their the petitioners on interim anticipatory bail on furnishing bonds to his/her satisfaction. The petitioners shall also abide by the conditions as envisaged under Section Suraksha Sanhita (BNSS), .2026 passed by this Court, the directed to join Status report by way of affidavit of Deputy Superintendent of II has been filed by learned State counsel, which is taken on record. Learned State counsel on instructions from Investigating nsel for the complainant has opposed the anticipatory bail on the ground that petitioners had duped the complainant of large sums of money, they did not cooperate in KAPIL 2026.07.23 19:23 I attest to the accuracy and integrity of this document CRM 5. of this Court dated 03.06.2026. not expected to incriminate himself under threat that State may seek withdrawal of the interim protection granted to him. Purpose of joining investigation is to make oneself available to the Investigating Agency, respond to interrogation and not to compulsorily divulge self incriminating information and material. Conduct of the petitioners appearing before the Investigating Agency entitles them to the of anticipatory bail. In the circumstances of the case, but without commenting on merits, the petition is allowed and order dated 03.06.2026, granting interim anticipatory bail to the petitioners, is made absolute, subject to the conditions lai Suraksha Sanhita (BNSS), 2023 with an additional condition that passport of the petitioners shall be retained by the Investigating Officer. 23.07.2026 Kapil CRM-M-31950-2026 (O&M) Petitioners have joined Court dated 03.06.2026. An accused while joining investigation is not expected to incriminate himself under threat that State may seek withdrawal of the interim protection granted to him. Purpose of joining gation is to make oneself available to the Investigating Agency, respond to interrogation and not to compulsorily divulge self incriminating information and material. Conduct of the petitioners appearing before the Investigating Agency entitles them to the of anticipatory bail. In the circumstances of the case, but without commenting on merits, the petition is allowed and order dated 03.06.2026, granting interim anticipatory bail to the petitioners, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 with an additional condition that passport of the petitioners shall be retained by the Investigating Officer. .2026 Whether Speaking/Reasoned : Whether Reportable : 5 Petitioners have joined investigation pursuant to order An accused while joining investigation is not expected to incriminate himself under threat that State may seek withdrawal of the interim protection granted to him. Purpose of joining gation is to make oneself available to the Investigating Agency, respond to interrogation and not to compulsorily divulge self- incriminating information and material. Conduct of the petitioners appearing before the Investigating Agency entitles them to the concession of anticipatory bail. In the circumstances of the case, but without commenting on merits, the petition is allowed and order dated 03.06.2026, granting interim anticipatory bail to the petitioners, is made absolute, d down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 with an additional condition that passport of the petitioners shall be retained by the Investigating Officer. (SHALINI SINGH NAGPAL) JUDGE Speaking/Reasoned : Yes/No Yes/No investigation pursuant to order An accused while joining investigation is not expected to incriminate himself under threat that State may seek withdrawal of the interim protection granted to him. Purpose of joining gation is to make oneself available to the Investigating Agency, - incriminating information and material. Conduct of the petitioners concession of anticipatory bail. In the circumstances of the case, but without commenting on merits, the petition is allowed and order dated 03.06.2026, granting interim anticipatory bail to the petitioners, is made absolute, d down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 with an additional condition that passport (SHALINI SINGH NAGPAL) KAPIL 2026.07.23 19:23 I attest to the accuracy and integrity of this document