Bahadur Singh v. State of Haryana
Case Details
1 CRM-M-22880-2025 209 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-22880-2025 (O&M) Decided on: 14.10.2025 Bahadur Singh .... Petitioner versus State of Haryana .... Respondent
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Kanwar Abhay Singh, Advocate for the petitioner. Mr. Kanwar Sanjiv Kumar, AAG, Haryana. Mr. Nikhil Ghai, Advocate for the complainant. Sanjay Vashisth, J. (Oral) **** Present petition was filed under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in case FIR No.0084 dated 19.04.2025 registered under Sections 406, 420 and 506 IPC at Police Station Sector 17/18 District Gurugram. 2. On 30.04.2025, after hearing learned counsel for the petitioner, this Court passed the following order: “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:- FIR No. Date Section(s) 0084 19.04.2025 406, 420, 506 of IPC Police Station District Sector 17/18 Gurugram Name & age of petitioner Bahadur Singh, aged about 46 years SONIA BURA 2025.11.17 15:39 I attest to the accuracy and integrity of this document CRM-M-22880-2025 2 2. Learned counsel for the petitioner, inter alia, contends that incident of the alleged fraud is committed in the year 2016, and FIR has been lodged in the year 2025. 3. Notice of motion. 4. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG. Haryana, puts in appearance on behalf of the respondent State, and Mr Shashi Kumar Yadav, Advocate, puts in appearance on behalf of the complainant and files his memorandum of appearance in Court today. 5. Adjourned to 20.05.2025. To be shown in the urgent list. Let copies of the other six FIRs, or any additional 6. FIRs registered against the petitioner, be placed on record by the next date of hearing. 7. Counsel for the petitioner would also assist the Court in determining whether the complainant in the present case, is in any way connected to any of the other criminal cases registered against the petitioner. 8. Learned State counsel is directed to confirm whether a preliminary inquiry, if any, has been conducted by the investigating agency after the registration of the FIR, particularly with regard to the persons mentioned in the FIR as disclosed by the complainant. Additionally, he would examine whether any criminal offence can be registered against the complainant, and if so, why such an offence has not been registered till date.” 3. Taking note of the conduct of the complainant and also of the investigating agency, on 28.05.2025, this Court passed the following order: “Once it is already clear that petitioner is not even have been granted anticipatory bail by the Court of Sessions or even by the High Court, then till now for what reason, the appropriate legal action has not been taken by the Investigating Officer. The Commissioner of Police, Gurugram, is directed to examine the aforesaid fact. Besides, the direction issued in paragraph No.8 of the order dated 30.04.2025 is reiterated, directing the concerned authority to examine the culpability of the complainant and take appropriate action strictly in accordance with law. In case of non-compliance, the Commissioner of Police, Gurugram, shall remain present in-person before this Court on the next date of hearing. List again on 15.07.2025.” 4. On 15.07.2025, learned counsel for the State informed the Court SONIA BURA 2025.11.17 15:39 I attest to the accuracy and integrity of this document CRM-M-22880-2025 3 that all the five persons mentioned in the complaint had already joined the investigation and made witnesses in the case and a separate FIR has been registered against the complainant. 5. On 12.08.2025, following order was passed by this Court: 1. Present petition under Section 482 BNSS, 2023 has been filed for grant of anticipatory bail to the petitioner in case bearing FIR No.0084 dated 19.04.2025, under Sections 406, 420 and 506 IPC, 1860 registered at Police Station Sector 17/18, District Gurugram. 2. 30.04.2025 following order was passed: In the instant anticipatory bail petition, on 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:- FIR No. Date Section(s) Police Station Sector 17/18 Gurugram District 0084 19.04.2025 406, 420, 506 of IPC 2. Learned counsel for the petitioner, inter alia, contends that incident of the alleged fraud is committed in the year 2016, and FIR has been lodged in the year 2025. 3. Notice of motion. 4. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG. Haryana, puts in appearance on behalf of the respondent State, and Mr Shashi Kumar Yadav, Advocate, puts in appearance on behalf of the complainant and files his memorandum of appearance in Court today. 5. Adjourned to 20.05.2025. To be shown in the urgent list. 6. Let copies of the other six FIRs, or any additional FIRs registered against the petitioner, be placed on record by the next date of hearing. 7. Counsel for the petitioner would also assist the Court in determining whether the complainant in the present case, is in any way connected to any of the other criminal cases registered against the petitioner. 8. Learned State counsel is directed to confirm whether a preliminary inquiry, if any, has been Name & age of petitioner Bahadur Singh, aged about 46 years SONIA BURA 2025.11.17 15:39 I attest to the accuracy and integrity of this document CRM-M-22880-2025 4 conducted by the investigating agency after the registration of the FIR, particularly with regard to the persons mentioned in the FIR as disclosed by the complainant. Additionally, he would examine whether any criminal offence can be registered against the complainant, and if so, why such an offence has not been registered till date.” 3. On the next date of hearing i.e. on 28.05.2025, it was noticed that despite not granting of anticipatory bail, why no legal action has not been taken by the concerned Investigating Officer and thereupon Commissioner of Police, Gurugram, was directed to examine the matter, including the culpability of the complainant, if any, found to be there and then to take appropriate legal action. 4. passed:- Thereafter on 15.07.2025, following order was "In regard to the directions incorporated in paragraph No. 8 of the order dated 30.04.2025 passed by this Court, the learned State counsel submits that all five persons mentioned in the complaint have already joined the investigation and have been made witnesses in the case. It is also informed that a separate FIR has been registered against the complainant. However, same could not have been investigated under the FIR in which the petitioner is before this Court for the purpose of seeking anticipatory bail. Status report dated 07.07.2025 as disclosed by learned State counsel is not available on record. List on 12.08.2025. The learned State counsel shall ensure to file status report on or before the next date of hearing. Taking note of the factual aspects and the serious allegations mentioned in the FIR, this Court does not find any substantial or special reason to extend the concession of interim anticipatory bail." Today again status report dated 08.08.2025 by way 5. of an affidavit of Lalit Dalal, HPS, Assistant Commissioner of Police, Crime-1, Gurugram has been filed on behalf of respondent-State. The same is taken on record. 6. In para 4 of the said status report, it is mentioned that on 24.07.2025 petitioner has already been arrested and on that account present anticipatory bail petition has become infructuous. 7. In para 7 of the above-said status report, it has also been mentioned that witnesses namely Sanjay, Virneder SONIA BURA 2025.11.17 15:39 I attest to the accuracy and integrity of this document CRM-M-22880-2025 5 Yadav, Rakesh Kumar and Vijender Singh have joined the investigation and their statements under Section 161 CP.C were also recorded. 8. Referring para 11 of the said status report, learned State counsel points out that earlier a separate FIR No.113 of 2025 was registered against the complainant, but on examination it was found that subject matter is the same as in the present FIR No.84 dated 19.04.2025 and investigation is in progress and the complainant-Khem Chand has thus been joined in the under investigation after registration of the present case itself. Offences under Sections 420 and 511 of IPC have also been found committed in the case. 9. In view of the fact that petitioner Bahadur Singh has already been arrested, prayer for anticipatory bail has become infructuous. However, direction is issued to the State of Haryana to complete its investigation in accordance with law and then to submit its final report before the concerned Court qua all the accused. 10. Also in case it is found that any attempt has been made to save the culprits, legal action shall be taken against the concerned Investigating Officer. 11. To acknowledge the process of investigation and its finalization, let the matter be listed again for 14.10.2025. 12. To be taken up at 2:00 PM.” 6. Today, learned counsel for the State has filed fresh status report by way of an affidavit of Dharamvir Singh, Assistant Commissioner of Police, Udyog, Gurugram on behalf of respondent-State in Court and the same is taken on record subject to just exceptions. 7. As per the status report, it has been apprised to the Court that the investigation of the present case has been completed and thereon, final report under Section 193(3) BNSS has also been submitted to the Court of competent jurisdiction on 12.09.2025. Proceedings is now fixed for 17.10.2025 for the purpose of consideration on the point of framing of charges. Since petitioner was never granted anticipatory bail and noticing the fact that the petitioner was already arrested on 24.07.2025, instant anticipatory bail petition filed by the petitioner is ordered to be rendered infructuous. SONIA BURA 2025.11.17 15:39 I attest to the accuracy and integrity of this document CRM-M-22880-2025 6 8. Since final report has already been submitted qua the concerned accused and proceedings now fixed before the Court is for framing of charges, no purpose is left in continuing the proceedings in the present case any further. Accordingly, present petition stands disposed of as having been rendered infructuous. 14.10.2025 sonia (SANJAY VASHISTH) JUDGE Whether speaking/reasoned? Whether reportable? Yes/No Yes/No SONIA BURA 2025.11.17 15:39 I attest to the accuracy and integrity of this document