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2026 DAILYLAW 33292 (PNJ)

VIJENDER KUMAR @ VIJENDER KUMAR AGARWAL v. STATE OF HARYANA

CRM-M/28052/2026 · 2026-07-23

Sumeet Goel

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M No. 28052 of 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 221/2 ***** CRM-M No.28052 of 2026 Date of decision : 23.7.2026 Date of uploading : 24.7.2027 Vijender Kumar @ Vijender Kumar Agarwal …….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Deepender Singh, Senior Advocate with Mr. Mayank Sarpal, Advocate, for the petitioner Ms. Priyanka Sadar, Senior DAG, Haryana Mr. Munish Gupta, Advocate, for the complainant --- SUMEET GOEL, J. (ORAL) 1. On 18.5.2026, the 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.0007 dated 11.01.2026, registered under Sections 316(2), 318(4), 351(3), 61(2) of BNS, 2023, at Police Station Satnali, District Mahendergarh. Learned counsel for the petitioner contends that the petitioner is innocent and has been falsely implicated in the present case. He further contends that the allegations levelled against the petitioner are false and he has no concern with the said offence. Learned counsel contends that the case is purely of civil nature which has been given criminal colour. He further contends that the present FIR has been lodged as a counterblast to the civil proceedings initiated by the petitioner against the complainant and even if the allegations are taken at face value, the same are governed by the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 which only renders such transactions subject to the outcome of ASHWANI KUMAR 2026.07.24 14:14 I attest to the accuracy and integrity of this document CRM-M No. 28052 of 2026 -2- the civil suits and does not create any criminal liability. He further submits that the petitioner alongwith co-accused has filed a petition for quashing of the aforesaid FIR which is fixed before this Court for 26.08.2026 and in the said petition, notice of motion has already been issued. No recovery is to be effected from the petitioner. Learned counsel has f1urther submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Gagandeep Singh Chhina, Senior DAG, Haryana, accepts notice on behalf of the respondent-State and seeks time to file status report in the matter. Mr. Munish Gupta, Advocate has appeared and filed power of attorney on behalf of the complainant which is taken on record. He, while opposing the petition for grant of anticipatory bail, has contended that the petitioner has played an active role in the crime and, thus, does not deserve the concession of bail. Adjourned to 27.05.2026. 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.’ 2. Learned State counsel (on instructions) submits that pursuant to the order dated 18.5.2026, the petitioner has joined investigation but his custodial interrogation is required for recovery of the money in question. 2.1 Learned counsel for the complainant has vehemently opposed the anticipatory bail of the petitioner by arguing that there are direct and serious allegations against the petitioner and in case he has extended the concession of anticipatory bail, there is all the likelihood that he may flee ASHWANI KUMAR from the hands of justice and may influence the prosecution 2026.07.24 14:14 I attest to the accuracy and integrity of this document CRM-M No. 28052 of 2026 -3- witnesses/evidence 3. Having heard learned counsel for the parties and upon perusal of the record, especially keeping in view the factum that the petitioner has joined investigation and his custodial interrogation is required only for the recovery of money in question; this Court is inclined to confirm the order dated 18.5.2026. 4. In view of the above, the instant petition is allowed. The interim order dated 18.5.2026, passed by this Court is hereby confirmed, subject to the conditions as enumerated under Section 482(2) of BNSS. 5. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. 7. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 23.7.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.07.24 14:14 I attest to the accuracy and integrity of this document