CRM IN THE PUNJAB AND HARYANA HIGH COURT AT 205 Rashid and another State of Haryana CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: SHALINI SINGH NAGPAL 1. No.125 dated Police Station Partap Nagar, petition for 2. order was CRM-M-31897-2026 (O&M) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM Date of decision: 23.07.2026 Rashid and another 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. 125 dated 27.08.2025 under Sections 316(2), 318(4), 3(5) Bharatiya Nyaya Sanhita, 2023, Police Station Partap Nagar, District Yamuna Nagar. This is the first petition for anticipatory bail. Complainant Gagan Sh issues of his father, who was proprietor of Agro Foods Firm, Pratap Nagar, he was looking after all commercial 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-31897-2026 (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 , 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. 125 dated 27.08.2025 under Sections 316(2), 318(4), 3(5) Bharatiya Nyaya Sanhita, 2023, Police Station Partap Nagar, District Yamuna Nagar. This is the first petition for Complainant Gagan Sharma alleged that due to health issues of his father, who was proprietor of Agro Foods Firm, Pratap Nagar, he was looking after all commercial 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. 125 dated 27.08.2025 under Sections 316(2), 318(4), 3(5) Bharatiya Nyaya Sanhita, 2023, Police Station Partap Nagar, District Yamuna Nagar. This is the first petition for arma alleged that due to health issues of his father, who was proprietor of Agro Foods Firm, Pratap Nagar, he was looking after all commercial KAPIL 2026.07.23 19:22 I attest to the accuracy and integrity of this document CRM CRM-M-31897-2026 (O&M) transactions and activities of the firm for which he was authorized. After 31.03.2025, he was made proprietor of said firm. The 2 accused namely Naved 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 over Accused and their family members provided labour to various rice mills in Paratapnagar and they themselves were engaged in purchasing rice from various rice mills. In October 2024, they represented to him that they had taken M/s Shri Shyam Rice Mill on from 01.10.2024 to 31.07.2025. They their rice stock which they would, in turn, sell to 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.1,42,28,035/-. A sum of Rs.48,50,000/ account of the firm. Despite repeated to pay up the remaining amount. Later, he learnt and their family members had c owners of M/s Shri Shyam Rice Mill. A case was filed against them and their family members at Pratapnagar Police Station, which was pending. to make the payment whereupon they Accused No.1 Rashid issued post dated 02.07.2025 for Rs.46,93,490/ issued a cheque No.108877 dated 02.07.2025 for Rs.46,84,454/- on the account of Bhardwaj Agro Food assuring that they would deposit account after which the cheques may be conspiracy, the payment of cheques was got stopped. accused were again asked for money, they kept postponing 2 transactions and activities of the firm for which he was authorized. After 31.03.2025, he was made proprietor of the The 2 accused namely Naved and Rashid, were real who had been working for the past 10 years as Mills at Pratapnagar/Khizrabad. They earned reputation of honesty over the past few years. mily members provided labour to various rice mills in Paratapnagar and they themselves were purchasing rice from various rice mills. In represented to him that they had taken M/s Shri Shyam Rice Mill on rent/contract from its owners, from 01.10.2024 to 31.07.2025. They requested him to sell their rice stock which they would, 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 and accused purchased rice worth Rs.48,50,000/- was paid up in the account of the firm. Despite repeated requests, accused failed to pay up the remaining amount. Later, he learnt that accused and their family members had conspired to defraud the owners of M/s Shri Shyam Rice Mill. A case was filed their family members at Pratapnagar Police Accused were again requested to make the payment whereupon they asked for some time. d No.1 Rashid issued post-dated cheque No.000001 dated 02.07.2025 for Rs.46,93,490/-, accused No.2 Naved issued a cheque No.108877 dated 02.07.2025 for account of Bhardwaj Agro Food assuring that they would deposit sufficient amount in the account after which the cheques may be presented. Under a conspiracy, the payment of cheques was got stopped. When accused were again asked for money, they kept postponing transactions and activities of the firm for which he was the The 2 accused namely Naved and Rashid, were real who had been working for the past 10 years as Mills at Pratapnagar/Khizrabad. the past few years. mily members provided labour to various rice mills in Paratapnagar and they themselves were purchasing rice from various rice mills. In represented to him that they had taken owners, requested him to sell various traders in Uttar Pradesh and Uttrakhand and pay them a good price. On their assurance, they supplied rice to the accused and accused purchased rice worth was paid up in the requests, accused failed that accused onspired to defraud the owners of M/s Shri Shyam Rice Mill. A case was filed their family members at Pratapnagar Police Accused were again requested asked for some time. No.000001 , accused No.2 Naved issued a cheque No.108877 dated 02.07.2025 for account of Bhardwaj Agro Food n the presented. Under a When accused were again asked for money, they kept postponing KAPIL 2026.07.23 19:22 I attest to the accuracy and integrity of this document CRM CRM-M-31897-2026 (O&M) the matter and later extended threats to kill them. Thus, he was cheated of Rs.93,78,035/ Learned counsel for the petitioners submits that petitioners were in the business of crops which they had been selling to Gagan Sharma and Raj Kumari. Petitioners had been taking various sums of they returned with interest and in this agreements Annexure P1 dated 15.10.2021, Annexure P2 dated 12.04.2022, Annexure P3 dated 02.08.2022, Annexure P4 dated 16.09.2022, Annexure P5 dated 14.10.2022 were executed. The blank cheques in question were given to Raj Kumari as security cheques, P2. In connivance with said Raj Kumari, complainant misused the security cheques. Fake and fabricated bills of Bhardwaj Agro Food were prepared to foist false cases against the petitioners. In this regard, petitioners moved representations Annexure Superintendent of Police, District Saharanpur on and 22.07.2025. Subsequently, vide Annexure P14, the matter was settled between the parties. As per settlement, Raj Kumari agreed to withdraw all cases filed against the petitioners regarding bouncing of and 12770 as the disputes were amicably agreed to return the cheques. The cheques, were, not returned. In all the 3 bill and numbers 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 in the FIR was false and petitioners who were willing to join investigation, deserved the concession of anticipatory bail. 3 matter and later extended threats to kill them. Thus, he .93,78,035/-. Learned counsel for the petitioners submits that were in the business of crops which they had been Sharma and Raj Kumari. Petitioners had been taking various sums of money from Raj Kumari which interest and in this regard, various agreements Annexure P1 dated 15.10.2021, Annexure P2 dated 12.04.2022, Annexure P3 dated 02.08.2022, Annexure 16.09.2022, Annexure P5 dated 14.10.2022 were cheques in question were given to said Raj Kumari as security cheques, as per agreement Annexure P2. In connivance with said Raj Kumari, complainant misused the security cheques. Fake and fabricated bills of Bhardwaj Agro Food were prepared to foist false cases this regard, petitioners moved P11 and P12 to Senior Superintendent of Police, District Saharanpur on 14.07.2025 and 22.07.2025. Subsequently, vide Annexure P14, the was settled between the parties. As per settlement, Raj withdraw all cases 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 numbers were missing. Proceedings under Section 138 Instruments Act, 1881 were also initiated against respect to the security cheques. The entire story regarding supply of rice worth Rs.1,42,28,035/- in the FIR was false and petitioners who were ready and willing to join investigation, deserved the concession of matter and later extended threats to kill them. Thus, he Learned counsel for the petitioners submits that were in the business of crops which they had been Sharma and Raj Kumari. Petitioners had money from Raj Kumari which regard, various agreements Annexure P1 dated 15.10.2021, Annexure P2 dated 12.04.2022, Annexure P3 dated 02.08.2022, Annexure 16.09.2022, Annexure P5 dated 14.10.2022 were said as per agreement Annexure P2. In connivance with said Raj Kumari, complainant misused the security cheques. Fake and fabricated bills of Bhardwaj Agro Food were prepared to foist false cases this regard, petitioners moved P11 and P12 to Senior 14.07.2025 and 22.07.2025. Subsequently, vide Annexure P14, the was settled between the parties. As per settlement, Raj withdraw all cases filed against the cheque No.108878, 00015 resolved and also however s, the signatures of the receiver numbers were missing. Proceedings under Section 138 Instruments Act, 1881 were also initiated against respect to the security cheques. The - ready and willing to join investigation, deserved the concession of KAPIL 2026.07.23 19:22 I attest to the accuracy and integrity of this document CRM 3. Vide order dated 03.06.2026 passed by this Court, the petitioners were granted interim bail and were directed to join 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 petiti complainant of large amounts, recovery of money was CRM-M-31897-2026 (O&M) Learned State Counsel has opposed the prayer for anticipatory bail on the ground of serious and specific natu 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 investigation within one week or as and when required. In the event of Investigating/Arresting Officer shall release the 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 Suraksha Sanhita (BNSS), 2023. State is directed to file status report on 23.07.2026. Vide order dated 03.06.2026 passed by this Court, the petitioners were granted interim bail and were directed to join 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 petiti complainant of large amounts, they did not cooperate in investigation and 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 ircumstances of the case, petitioners directed to appear before the Investigating/Arresting 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 personal/surety bonds to his/her satisfaction. The petitioners shall also abide conditions as envisaged under Section 482(2) of Suraksha Sanhita (BNSS), 2023. file status report on 23.07.2026.” Vide order dated 03.06.2026 passed by this Court, the petitioners were 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 did not cooperate in investigation and yet to be effected. Learned State Counsel has opposed the prayer for re petitioners. Assisted by learned that no such compromise was ever executed between the complainant and petitioners and the alleged compromise was false and ircumstances of the case, petitioners directed to appear before the Investigating/Arresting investigation within one week or as and their arrest, the tioners on interim anticipatory bail on furnishing personal/surety bonds to his/her satisfaction. The petitioners shall also abide conditions as envisaged under Section 482(2) of Vide order dated 03.06.2026 passed by this Court, the petitioners were 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 nsel for the complainant has oners had duped the did not cooperate in investigation and KAPIL 2026.07.23 19:22 I attest to the accuracy and integrity of this document CRM 5. of this Court not expected to incriminate himself 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 in appearing before the Investigating Agency entitles of anticipatory bail. In the circumstances of the case, but without commenting on merits, the petition is allowed and order dated granting interim anticipatory bail to the petitioner subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 of the petitioners shall 23.07.2026 Kapil CRM-M-31897-2026 (O&M) Petitioners have joined invest 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 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 petitioner appearing before the Investigating Agency entitles of anticipatory bail. In the circumstances of the case, but without commenting on merits, the petition is allowed and order dated granting interim anticipatory bail to the petitioner 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 joined investigation pursuant to order An accused while joining investigation is 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- formation 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, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik with an additional condition that passport be retained by the Investigating Officer. (SHALINI SINGH NAGPAL) JUDGE Whether Speaking/Reasoned : Yes/No Yes/No igation pursuant to order An accused while joining investigation is 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, - s concession of anticipatory bail. In the circumstances of the case, but without .2026, , is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik with an additional condition that passport (SHALINI SINGH NAGPAL) KAPIL 2026.07.23 19:22 I attest to the accuracy and integrity of this document