Singh State of Haryana 101-5 Bijender Singh State of Haryana CRM-M-14639-2025(O&M) v. State of Maharashtra 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc & Ors.

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Sameer Sachdeva, Advocate for the petitioner(s). Ms. Ruchi Sekhri, Addl. A.G., Haryana. **** SANJAY VASHISTH, J.

#1. By way of this common order, all the aforementioned petitions are being disposed of.

#2. Prayer in these petitions, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the CNR No:PHHC010422662025 CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) 2 petitioner(s), who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) Bijender Singh FIR No. 134 0049 129 District Panipat Police Station Chandni Bagh Panipat Israna Panipat Samalkha Panipat Date Section(s)

27.02.2025 420, 406, 408, 120-B IPC and Section 3 of The Haryana Protection Interest Depositors Financial Establishment Act, 2013 and Sections 21, 23 of Banning Unregulated Deposit Schemes Act, 2019

27.02.2025 420, 406, 408, 120-B IPC ,Section 3 of Haryana The Protection Interest Depositors Financial Establishment Act, 2013 and Sections 21, 23 of Banning Unregulated Deposit Schemes Act, 2019

2702.2025 420, 406, 408, 120-B IPC ,Section 3 of Haryana The Protection Interest Depositors Financial Establishment Act, 2013 and Sections 21, 23 of Banning Unregulated Deposit Schemes Act, 2019 CNR No:PHHC010422662025 CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) 3

#3. On 18.03.2025, following order was passed in CRM-M- 14639-2025- “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) Bijender Singh FIR No. 134 Date Section(s) Police Station District Panipat Chandni Bagh Panipat

27.02.2025 420, 406, 408, 120-B IPC Section 3 of The Haryana Protection of Interest of Depositors in Financial Establishme nt Act, 2013 and Sections 21, 23 of Banning of Unregulated Deposit Schemes Act, 2019

#2. By referring to the order dated 31.01.2025 passed in CRWP- 584-2025 (Annexure P-11), counsel for the petitioner submits that in fact, petitioner himself is a victim of fraud committed by the Human Welfare Credit and Thrift Cooperative Society. Both the petitioner and his wife, namely, Geeta Devi, are investors to the tune of approximately Rs.27 lacs, and despite this, the Society has failed to repay any amount to them. By filing the aforementioned writ petition before this Court, the petitioner has prayed for appropriate action to be taken against the CNR No:PHHC010422662025 CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) 4 defaulters. After taking cognizance of the matter, the petition is now scheduled for hearing on 28.03.2025.

#4. Notice of motion. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent – State, and seeks some time to file status report.

#8. List again on 28.03.2025. To be heard along with CRWP-584-2025. In the meanwhile, arrest of the petitioner shall remain stayed. However, issue regarding joining of investigation of the petitioner would be examined on the next date of hearing, after perusing the status report which is to be filed by learned State counsel.”

#4. On 03.04.2025, following was recorded by this Court in CRM-M-18464-2025: “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) Bijender Singh FIR No. 0049 Date Section(s) Police Station District Israna Panipat

27.02.2025 420, 406, 408, 120-B IPC Section 3 of The Haryana Protection of Interest of Depositors in Financial Establishme nt Act, 2013 and Sections 21, 23 of Banning of Unregulated Deposit CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) CNR No:PHHC010422662025 5 Schemes Act, 2019

#2. Learned counsel for the petitioner refers to the order dated 18.03.2025 passed by this Court in CRM-M-14639-2025, wherein in a similar case i.e. FIR No. 134 dated 27.02.2025, registered against the petitioner, arrest has been stayed and said petition is now fixed for 21.04.2025. For reference order dated 18.03.2025 passed in CRM-M-14639-2025, is reproduced herebelow: “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitione r (s) Bijender Singh, about 51 FIR No. Date Section(s) Police Station District Chandni Bagh Panipat 134 27.02.202 5 406, 420, 408, 120-B of IPC Section 3 of Haryana Protection of Interest Depositors in Financial Establishment Act, 2013 and 23 of 21, Banning of Unregulated Deposit Schemes Act, 2019

#2. By referring to the order dated 31.01.2025 passed in CRWP-584-2025 (Annexure P-11), counsel for the petitioner submits that in fact, petitioner himself is a victim of fraud committed by the Human Welfare Credit and Thrift Cooperative Society. Both the petitioner and his wife, namely, Geeta Devi, are investors to the tune of approximately Rs.27 lacs, and despite this, the Society has failed to repay any amount to them. CNR No:PHHC010422662025 CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) 6 By filing the aforementioned writ petition before this Court, the petitioner has prayed for appropriate action to be taken against the defaulters. After taking cognizance of the matter, the petition is now scheduled for hearing on 28.03.2025.

#4. Notice of motion. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent – State, and seeks some time to file status report. List again on 28.03.2025. To be heard along with CRWP-584-2025. In the meanwhile, arrest of the petitioner shall remain

#7. stayed.

#8. However, issue regarding joining of investigation of the petitioner would be examined on the next date of hearing, after perusing the status report which is to be filed by learned State counsel.” Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.”

#4. Notice of motion. On advance notice, learned State counsel puts in appearance on behalf of the respondent – State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report.

#7. stayed.

#8. Adjourned to 21.04.2025. To be heard along with CRM-M-14639-2025. In the meanwhile, arrest of the petitioner shall remain However, issue regarding joining of investigation of the petitioner would be examined on the next date of hearing, after perusing the status report which is to be filed by learned State counsel.”

#5. On 03.04.2025, following was recorded by the co-ordinate bench of this Court in CRM-M-18482-2025 alongwith other connected matters: CNR No:PHHC010422662025 CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) 7 “ Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.129 dated 27.02.2025 under Sections 420, 406, 408, 120-B of the Indian Penal Code, 1860 (for short ‘IPC’), Section 3 of the Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 (for short ‘HPIDFE Act’) and Sections 21 & 23 of Banning of Unregulated Deposit Schemes Act, 2019 (for short ‘BUDS Act’), registered at Police Station Samalkha, District Panipat. Learned counsel for the petitioner, inter alia, contends that the petitioner along with his wife approached this Court by way of filing CRWP584-2025 seeking direction to the official respondents for taking strict legal action in view of the complaint dated 03.01.2025 made by them and vide order dated 31.01.2025, this Court sought affidavit of the Director General of Police, Haryana. It is further contended that now the petitioner has been booked in FIR (supra). The petitioner is also a victim of fraud committed by the society and in similar circumstances, two FIRs were registered against him on the same day and in FIR No.134 dated 27.02.2025 under Sections 420, 406, 408, 120-B of IPC, Section 3 of HPIDFE Act and Sections 21 & 23 of BUDS Act, registered at Police Station Chandni Bagh, District Panipat, the Coordinate Bench of this Court has already granted interim protection to him on 18.03.2025. Notice of motion for 21.04.2025. To be heard along with CRWP-584-2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds the satisfaction of CNR No:PHHC010422662025 CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) 8 Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.”

#6. Continuing his submissions, learned counsel for the petitioner(s) contends in compliance with the orders dated 18.03.2025 passed in CRM-M-14639-2025, 03.04.2025 passed in CRM-M-18464- 2025 and 03.04.2025 passed in CRM-M-18482-2025 by this Court, petitioners have joined the investigation and have extended full cooperation. Therefore, he prays for confirmation of the said interim anticipatory bail order.

#7. Learned State counsel on instructions confirms the said averment made by counsel for the petitioner of joining the investigation by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

#9. Heard learned counsel for the parties. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail orders dated

18.03.2025 passed in CRM-M-14639-2025, 03.04.2025 passed in CRM- M-18464-2025 and 03.04.2025 passed in CRM-M-18482-2025 (qua CNR No:PHHC010422662025 CRM-M-14639-2025(O&M) CRM-M-18464-2025(O&M) and CRM-M-18482-2025(O&M) 9 petitioner-Bijender Singh only), by this Court are hereby made absolute. Accordingly, present petitions are allowed. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

#10. However, it is clarified that in case the passport or an affidavit regarding non-possession of a passport, if he does not possess one, is not submitted to the Investigating Agency or the Court concerned within a period of one week from today, the present order shall be deemed to be inoperative and the Investigating Officer shall be at liberty to proceed with the arrest of the petitioner.

#12. Accordingly, petitions stand disposed of. A photocopy of this order be placed on the files of other connected cases.

20.07.2026. Rashmi (SANJAY VASHISTH) JUDGE Whether Speaking/Reasoned: YES/NO YES/NO Whether Reportable: