Upkar @ Upkar Singh v. State of Haryana
Case at a glance
Provisions considered
Key paragraphs
- Para 44. earned State counsel has opposed the grant of Per contra, learned State counsel has opposed the grant of earned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by…
Judgment
482 of Bharatiya Present petition has been filed under Section 482 of Bharatiya Present petition has been filed ta, 2023 (hereinafter to be referred as ‘the BNSS’) Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) ta, 2023 (hereinafter to be referred as ‘the BNSS’) Nagarik Suraksha Sanhi bail to the petitioner in case bearing FIR for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR bail to the petitioner in case bearing FIR for grant of No.64 dated , registered for the offences punishable under dated 23.03.2026, registered for the offences punishable under , registered for the offences punishable under Kosola, 316(2), 318(4), and 61(2) of BNS, 2023, at Police Station Kosola, 316(2), 318(4), and 61(2) of BNS, 2023, Sections 316(2), 318(4), and 61(2) of BNS, 2023, District Rewari. District Rewari.
on the basis of a The FIR in question has been registered on the basis of a The FIR in question has been registered by Ankur son of Shri Kishori Lal. As per the written complaint made by Ankur son of Shri Kishori Lal. As per the by Ankur son of Shri Kishori Lal. As per the written complaint allegations in the complaint, the complainant is employed as a Senior allegations in the complaint, the complainant is employed as a Senior allegations in the complaint, the complainant is employed as a Senior allegations in the complaint, the complainant is employed as a Senior Department of Fulkawa Minda Electric Pvt. Ltd. and is Manager in the HR Department of Fulkawa Minda Electric Pvt. Ltd. and is Department of Fulkawa Minda Electric Pvt. Ltd. and is Manager in the HR has been conversant with the transactions pertaining to the company. It has been conversant with the transactions pertaining to the company. conversant with the transactions pertaining to the company. alleged that on 13.03.2026, a consignment comprising 3500 kilograms of alleged that on 13.03.2026, a consignment comprising 3500 kilograms of alleged that on 13.03.2026, a consignment comprising 3500 kilograms of alleged that on 13.03.2026, a consignment comprising 3500 kilograms of by the plastic granules (1500 kg PBT and 2000 kg POM) was received by the plastic granules (1500 kg PBT and 2000 kg POM) was received plastic granules (1500 kg PBT and 2000 kg POM) was received CRM-M- -19924-2026 2 complainant company from Furukawa Sangyo, Gurugram, vide invoice No. complainant company from Furukawa Sangyo, Gurugram, vide invoice No. complainant company from Furukawa Sangyo, Gurugram, vide invoice No. complainant company from Furukawa Sangyo, Gurugram, vide invoice No.
26 TAX 0254. On the same day, the said material was dispatched FSK125-26 TAX 0254. On the same day, the said material was dispatched 26 TAX 0254. On the same day, the said material was dispatched 26 TAX 0254. On the same day, the said material was dispatched to KFI, Plot No. 38, Phase-II, Sector to KFI, Plot No. 38, Phase 05, through vehicle bearing II, Sector-05, through vehicle bearing en, along with delivery registration No. HR55AE0686 driven by Praveen, along with delivery registration No. HR55AE0686 driven by Prave registration No. HR55AE0686 driven by Prave challan No. 90000539 and e-way bill No. 392207170276. challan No. 90000539 and e Subsequently, on way bill No. 392207170276. Subsequently, on
16.03.2026, the complainant company was informed by an employee of KFI 16.03.2026, the complainant company was informed by an employee of KFI 16.03.2026, the complainant company was informed by an employee of KFI 16.03.2026, the complainant company was informed by an employee of KFI that the aforesaid consignment had not been received. Upon inquiry, the that the aforesaid consignment had not been received. Upon inquiry, the that the aforesaid consignment had not been received. Upon inquiry, the that the aforesaid consignment had not been received. Upon inquiry, the peared before the complainant on 18.03.2026 and driver Praveen appeared before the complainant on 18.03.2026 and peared before the complainant on 18.03.2026 and driver Praveen ap disclosed that, on the instructions of co- disclosed that, on the instructions of co accused persons, the consignment -accused persons, the consignment had been diverted and offloaded at a scrap shop owned by one Punit situated had been diverted and offloaded at a scrap shop owned by one Punit situated had been diverted and offloaded at a scrap shop owned by one Punit situated had been diverted and offloaded at a scrap shop owned by one Punit situated reafter sold to a at Bawal. It was further revealed that the goods were thereafter sold to a at Bawal. It was further revealed that the goods were the at Bawal. It was further revealed that the goods were the
firm namely Prime Trade Solution. It has been further disclosed firm namely Prime Trade Solution. that the It has been further disclosed that the misappropriated material was allegedly reintroduced into the supply chain misappropriated material was allegedly reintroduced into the supply chain misappropriated material was allegedly reintroduced into the supply chain misappropriated material was allegedly reintroduced into the supply chain through manipulated transactions. Furthermore, the through manipulated transactions. Prime Trade Solution Furthermore, the Prime Trade Solution f POM to the complainant company on 14.03.2026 vide supplied 2000 kg of POM to the complainant company on 14.03.2026 vide f POM to the complainant company on 14.03.2026 vide supplied 2000 kg o Invoice No. 016 which was then forwarded to KFI through delivery challan Invoice No. 016 which was then forwarded to KFI through delivery challan Invoice No.
016 which was then forwarded to KFI through delivery challan Invoice No. 016 which was then forwarded to KFI through delivery challan No. 90000540. Similarly, 1800 kg of PBT was supplied by Prime Trade No. 90000540. Similarly, 1800 kg of PBT was supplied by Prime Trade No. 90000540. Similarly, 1800 kg of PBT was supplied by Prime Trade No. 90000540. Similarly, 1800 kg of PBT was supplied by Prime Trade to KFI Solution on 16.03.2026 vide Invoice No. 017 and was again sent to KFI Solution on 16.03.2026 vide Invoice No. 017 and was again sent Solution on 16.03.2026 vide Invoice No. 017 and was again sent through delivery challan No. 90000541. This sequence of transactions, as through delivery challan No. 90000541. This sequence of transactions, as through delivery challan No. 90000541. This sequence of transactions, as through delivery challan No. 90000541. This sequence of transactions, as by the accused per the complainant, was part of a fraudulent scheme used by the accused per the complainant, was part of a fraudulent scheme per the complainant, was part of a fraudulent scheme persons to misappropriate the original consignment and conceal the same persons to misappropriate the original consignment and conceal the same persons to misappropriate the original consignment and conceal the same persons to misappropriate the original consignment and conceal the same e basis of the aforesaid allegations, it has through circular trading.
On the basis of the aforesaid allegations, it has e basis of the aforesaid allegations, it has through circular trading. been alleged alleged that the driver Praveen, along with co accused Shyam, Upkar that the driver Praveen, along with co-accused Shyam, Upkar , Punit and Pankaj (owner of Prime Trade Solution), acted (petitioner herein), Punit and Pankaj (owner of Prime Trade Solution), acted , Punit and Pankaj (owner of Prime Trade Solution), acted (petitioner herein) t with the in conspiracy and committed fraud and criminal breach of trust with the in conspiracy and committed fraud and criminal breach of trus in conspiracy and committed fraud and criminal breach of trus CRM-M- -19924-2026 3 On these set of allegations, the FIR in question has complainant company. On these set of allegations, the FIR in question has On these set of allegations, the FIR in question has complainant company. been registered and investigation ensued. been registered and investigation ensued. been registered and investigation ensued.
Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the h an petitioner has been falsely implicated into the FIR in question with an petitioner has been falsely implicated into the FIR in question petitioner has been falsely implicated into the FIR in question Learned counsel has further ulterior motive to harass and humiliate him. Learned counsel has further ulterior motive to harass and humiliate him. ulterior motive to harass and humiliate him. petitioner has no direct role whatsoever in the alleged iterated that the petitioner has no direct role whatsoever in the alleged petitioner has no direct role whatsoever in the alleged iterated that the incident and has been roped in only on the basis of suspicion and incident and has been roped in only on the basis of suspicion and incident and has been roped in only on the basis of suspicion and incident and has been roped in only on the basis of suspicion and conjectures.
It has been further contended conjectures. not named tended that the petitioner was not named in the initial complaint and his alleged involvement has surfaced only during in the initial complaint and his alleged involvement has surfaced only during in the initial complaint and his alleged involvement has surfaced only during in the initial complaint and his alleged involvement has surfaced only during the course of investigation on the basis of disclosure statements of co- the course of investigation on the basis of disclosure statements of co the course of investigation on the basis of disclosure statements of co the course of investigation on the basis of disclosure statements of co no evidentiary value in the eyes of law. accused persons which has no evidentiary value in the eyes of law no evidentiary value in the eyes of law accused persons which According to learned counsel, the entire prosecution case According to learned counsel, the entire prosecution case solely rests upon hearsay statement(s) without any independent corroboration hearsay statement which can link without any independent corroboration which can link It has been further contended the petitioner to the alleged misappropriation.
It has been further contended the petitioner to the alleged misappropriation. the petitioner to the alleged misappropriation. that the petitioner is merely an employee of KFI and ha that the petitioner is neither control over rely an employee of KFI and has neither control over the transportation of the goods nor any authority to direct the driver or other the transportation of the goods nor any authority to direct the driver or other the transportation of the goods nor any authority to direct the driver or other the transportation of the goods nor any authority to direct the driver or other is no persons with regard to delivery of the consignment. Furthermore, there is no persons with regard to delivery of the consignment. persons with regard to delivery of the consignment. issued any instruction material on record to suggest that the petitioner has issued any instruction material on record to suggest that the petitio material on record to suggest that the petitio for diversion of the goods or derived any wrongful gain from the alleged for diversion of the goods or derived any wrongful gain from the alleged for diversion of the goods or derived any wrongful gain from the alleged for diversion of the goods or derived any wrongful gain from the alleged transaction.
Learned counsel has emphasized transaction. that the allegations in the FIR Learned counsel has emphasized that the allegations in the FIR are vague, omnibus and do not attribute any specific overt act to the are vague, omnibus and do not attribute any specific overt act to the are vague, omnibus and do not attribute any specific overt act to the are vague, omnibus and do not attribute any specific overt act to the It has been oner so as to attract the ingredients of the offences alleged. It has been oner so as to attract the ingredients of the offences alleged. petitioner so as to attract the ingredients of the offences alleged. case is primarily based on documentary further contended that the entire case is primarily based on documentary case is primarily based on documentary further contended that the entire evidence which are already in possession of the investigating agency, and evidence which are already in possession of the investigating agency, and evidence which are already in possession of the investigating agency, and evidence which are already in possession of the investigating agency, and tion of the petitioner is neither required nor therefore, the custodial interrogation of the petitioner is neither required nor tion of the petitioner is neither required nor therefore, CRM-M- -19924-2026 4 there is an unexplained delay in the registration of warranted.
Moreover, there is an unexplained delay in the registration of there is an unexplained delay in the registration of warranted. which casts serious doubt on the veracity of the prosecution version. the FIR which casts serious doubt on the veracity of the prosecution version which casts serious doubt on the veracity of the prosecution version which casts serious doubt on the veracity of the prosecution version Learned counsel asserts that the petitioner Learned counsel asserts that the join the investigation petitioner is ready to join the investigation and hence no useful purpose would be served by sending and hence him behind the no useful purpose would be served by sending him behind the bars. On strength of aforesaid submissions, the grant of anticipatory bail is bars. On strength of aforesaid submissions, the grant of anticipatory bail is bars. On strength of aforesaid submissions, the grant of anticipatory bail is bars. On strength of aforesaid submissions, the grant of anticipatory bail is entreated for. entreated for.
earned State counsel has opposed the grant of Per contra, learned State counsel has opposed the grant of earned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the petitioner are grave and serious in nature. petitioner Learned State counsel has iterated are grave and serious in nature. Learned State counsel has iterated that the investigation conducted so far has clearly that the revealed the active far has clearly revealed the active According involvement of the petitioner in the commission of the offence. According involvement of the petitioner in the commission of the offence. involvement of the petitioner in the commission of the offence. petitioner, while working as a Store Keeper, is to learned State counsel, the petitioner, while working as a Store Keeper, is petitioner, while working as a Store Keeper, is to learned State counsel, the stated to have misused his official position and in furtherance of a stated to have misused his official position and in furtherance of a stated to have misused his official position and in furtherance of a stated to have misused his official position and in furtherance of a riminal conspiracy, premeditated criminal conspiracy, riminal conspiracy, premeditated c facilitated facilitated facilitated the diversion of the diversion of the diversion of consignment of plastic granules to a scrap dealer at Bawal instead of its consignment of plastic granules to a scrap dealer at Bawal instead of its consignment of plastic granules to a scrap dealer at Bawal instead of its consignment of plastic granules to a scrap dealer at Bawal instead of its destination.
It has been further contended that the destination. complicity of the It has been further contended that the complicity of the nts of the co- petitioner stands substantiated from the disclosure statements of the co petitioner stands substantiated from the disclosure stateme petitioner stands substantiated from the disclosure stateme the course of accused, as well as from the material collected during the course of accused, as well as from the material collected during accused, as well as from the material collected during investigation, including CDR (call detail records investigation, including between the petitioner and call detail records) between the petitioner and According to learned State other accused persons at the relevant time. According to learned State other accused persons at the relevant time. other accused persons at the relevant time. on is at crucial stage and custodial interrogation of counsel, the investigation is at crucial stage and custodial interrogation of on is at crucial stage and custodial interrogation of counsel, the investigati the petitioner is necessary to recover forged documents, identify other the petitioner is necessary to recover forged documents, identify other the petitioner is necessary to recover forged documents, identify other the petitioner is necessary to recover forged documents, identify other conspirators and ascertain the extent of conspiracy.
It has further been conspirators and ascertain the extent of conspiracy. It has further been conspirators and ascertain the extent of conspiracy. It has further been conspirators and ascertain the extent of conspiracy. It has further been age, would seriously contended that the grant of anticipatory bail, at this stage, would seriously contended that the grant of anticipatory bail, at this st contended that the grant of anticipatory bail, at this st Accordingly, a prayer has been made for hamper the ongoing investigation. Accordingly, a prayer has been made for Accordingly, a prayer has been made for hamper the ongoing investigation. CRM-M- -19924-2026 5 the dismissal dismissal of the instant petition facilitate effective in order to facilitate effective investigation into the alleged offence. investigation into the alleged offence.
and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.
It would be apposite to refer herein to a judgment of the It would be apposite to refer herein to a judgment of the It would be apposite to refer herein to a judgment of the Kishor Vishwasrao Patil vs. Deepak Hon’ble Supreme Court titled as Kishor Vishwasrao Patil vs. Deepak Kishor Vishwasrao Patil vs. Deepak Hon’ble Supreme Court titled as Yashwant Patil and another passed in Yashwant Patil and another elevant SLP(Crl) No.1125-2022, relevant whereof reads as under: whereof reads as under: “74. Ordinarily, arrest is a part of the process of the investigation “74. Ordinarily, arrest is a part of the process of the investigation “74. Ordinarily, arrest is a part of the process of the investigation intended to secure several purposes. There may be circumstances in intended to secure several purposes. There may be circumstances in intended to secure several purposes. There may be circumstances in which the accused may provide information leading to discovery of which the accused may provide information leading to discovery of which the accused may provide information leading to discovery of elevant information. Grant of anticipatory bail may material facts and relevant information. Grant of anticipatory bail may elevant information. Grant of anticipatory bail may arrest bail is to strike a balance between hamper the investigation. Pre-arrest bail is to strike a balance between arrest bail is to strike a balance between the individual's right to personal freedom and the right of the the individual's right to personal freedom and the right of the the individual's right to personal freedom and the right of the so far investigating agency to interrogate the accused as to the material so far investigating agency to interrogate the accused as to the material information which may lead to recovery of collected and to collect more information which may lead to recovery of information which may lead to recovery of relevant information.
Observing that the arrest is a part of the investigation intended to 75. Observing that the arrest is a part of the investigation intended to 75. Observing that the arrest is a part of the investigation intended to secure several purposes, in Adri Dharan Das v. State of W.B. [Adri Adri Dharan Das v. State of W.B. [Adri
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023; Bharatiya Nyaya Sanhita, 2023; Code of Criminal Procedure, 1973 — s. 438.
Which court decided this case, and when?
Punjab & Haryana High Court, on 23 Apr 2026. The bench was SUMEET GOEL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.