SOMVIR v. STATE OF HAR F HARYANA
Case Details
CRM-M-24275 4275-2025 240 IN THE HIGH COURT OF PUNJA UNJAB AND HARYANA IGARH AT CHANDIGARH CRM-M-24275-2025 Date of Decision 03.07.2025 SOMVIR ...Petitioner Versus STATE OF HAR F HARYANA …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CH P CHITKARA Present: Mr. Tejinder Singh Malik, Advocate fo cate for the petitioner. Ms. Trishanjali, D.A.G., Haryana. Mr. Azad Khan, Advocate for Mr. Tejinder Singh Phogat, Advocate f ocate for the complainant. ANOOP CHITK HITKARA, J. ****
Facts
FIR No. Dated Police Station Sections 61 09.03.2025 Dadri Sadar, 316(2), 61 of BNS (Section Sadar Charkhi Dadri 338 of BNS added later on) 1. The petit e petitioner apprehending arrest in the FIR c efore e FIR captioned above has come up before this Court unde under Section 482 of Bharatiya Nagarik SS], agarik Suraksha Sanhita, 2023, [BNSS], seeking anticipat ticipatory bail. 2. In paragr paragraph 15 of the bail petition, the accus inal accused declares that he has no criminal antecedents 3. The facts e facts and allegations are being taken from e State which reads as follows: filed by the State 2025 n from the status report dated 02.07.2025
Legal Reasoning
ight be prima facie sufficient to launch p , but nch prosecution or to frame charges, but this Court is con not t stage. An analysis of the above does not is considering the compromise at that stage eration. todial interrogation or pre-trial incarceration justify custodial 9. Given th ven the above, the penal provisions invo facie s invoked coupled with the primafacie analysis of the n f the nature of allegations, no objection of th ctors n of the complainant and the other factors peculiar to this c this case, there would be no justifiability fo - ility for custodial interrogation or the pre- trial incarceratio eration at this stage. Without commenting o s and nting on the case's merits, in the facts and circumstances pe ces peculiar to this case, and for the reaso ioner e reasons mentioned above, the petitioner makes a case for ase for bail. 10. Given ab ven above, provided the petitioner is not , the is not required in any other case, the petitioner shall b shall be released on anticipatory bail in t ct to il in the FIR captioned above subject to furnishing bonds bonds to the satisfaction of the Arresting O ore a sting Officer, and if the matter is before a Court, then the n the concerned Court and due to unav Ilaqa unavailability before any nearest Ilaqa Magistrate/duty /duty Magistrate. Before accepting the su ourt the surety, the concerned Officer/Court must be satisfied tisfied that if the accused fails to appear, su ear, such surety can produce the accused. 11. While fu hile furnishing a personal bond, the petit wing e petitioner shall mention the following personal identific entification details: AADHAR number 1. AA Passport number (If available) and 2. Pas attesting officer/court considers it appr atte onsiders the accused a flight risk. con Mobile number (If available) 3. Mo 4. E- -Mail id (If available) and when the it appropriate or 12. This orde is order is subject to the petitioner’s comply omplying with the following terms. Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document 3 CRM-M-24275 4275-2025 13. The petit petitioner is directed to join the investiga ing stigation within seven days of uploading this order on the n the official webpage of the High Court nd ourt of Punjab and Haryana and as and when called by t by the Investigator. The petitioner shall b n 27 shall be in deemed custody for Section 27 of the Indian Ev ian Evidence Act, 1872/ Section 23 of BSA n the f BSA, 2023. The petitioner shall join the investigation as on as and when called by the Investigating r and gating Officer or any Superior Officer and shall cooperate erate with the investigation at all further nt of rther stages as required. In the event of failure to do so, do so, the prosecution will be open to seek uring o seeking cancellation of the bail. During the investigation gation, the petitioner shall not be subjected age, jected to third-degree, indecent language, inhuman treatme reatment, etc. 14. The petit e petitioner shall abide by all statutory bon e the ry bond conditions and appear before the concerned Cour Court(s) on all dates. The petitioner sh ence, ner shall not tamper with the evidence, influence, browb browbeat, pressurize, induce, threaten, or , any en, or promise, directly or indirectly, any witnesses, Polic Police officials, or any other person and person acquainted with the facts and circumstances of ces of the case or dissuade them from discl r the disclosing such facts to the Police or the Court. 15. In case case the Investigator/Officer-In-Charge ation harge of the concerned Police Station arraigns another nother section of any penal offense in ction se in this FIR, and if the new section prescribes a max a maximum sentence that is not greater t ove, eater than the sections mentioned above, then this bail o bail order shall be deemed to have also dded also been passed for the newly added section(s). Howe However, suppose the newly inserted secti ding d sections prescribe a sentence exceeding the maximum se um sentence prescribed in the sections men , the s mentioned above; then, in that case, the Investigator/Offi or/Officer-In-Charge shall give the petition even etitioner notice of a minimum of seven days, providing a iding an opportunity to avail the remedies a dies available in law. 16. This bail bail is conditional, and the foundationa ner tional condition is that if the petitioner indulges in any any non-bailable offense, the State may of this bail befor before the Sessions Court, which shall be ion may file an application for cancellation ll be at liberty to cancel this bail. 17. Any obse y observation made hereinabove is neithe the neither an expression of opinion on the case's merits nor its nor shall the trial Court advert to these co hese comments. 18. A certifie certified copy of this order would not be ne any t be needed for furnishing bonds, and any Advocate for th for the Petitioner can download this orde the is order along with case status from the official web page b page of this Court and attest it to be a tru ants e a true copy. If the attesting officer wants to verify its au its authenticity, such an officer can also may n also verify its authenticity and may download and us and use the downloaded copy for attesting b sting bonds. 19. Petition a tition allowed in terms mentioned above. Al stand ve. All pending applications, if any, stand
Arguments
“That facts in succinct are that above “Th regi registered on the complaint of complaina Sing Singh resident of village Majra, present Charkhi Dadri stating therein that his da Cha Satish Majra (D) is having a petrol pump Satis Paw Pawan Petro Station, Morwala and he petr petrol pump as a General Power of Att Sombir son of Shri Ajit Singh, residen Som Jhaj Jhajjar (Present Petitioner) as Manager one one and half year his son was ill and due care care of the pump and they have a faith forged the record, accounts of pump, a forg petr petrol pump. On 03.03.2025, he had sho Rs. 10,00,000/-, but actually the amount Rs. bove mentioned case has been ainant Sarup Singh son of Kamal esently residing at Ward No.17, s daughter-in-law Kusum wife of ump under the name and style of he is taking care of the said f Attorney. They have appointed ident of village Majra, District ger to run the pump. From last d due to this, they could not take aith on Sombir, but Sombir has p, and embezzled from the said shown the deposit of amount of ount was not found deposited in 1 Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document CRM-M-24275 4275-2025 the bank account and the amount was the 04.0 04.03.2025, accused has shown deposited , but , but same were not found deposited in th kept kept the same with him. On 05.03.2025, 50,000/- in the bank, but the same 50,0 Con Contractor Ramal has not taken any Dece December, 2024, but the accused has s 2,20,368/-. On 06.03.2024, he has shown 2,20 through cheque, though no such cheque thro they they have verified this fact and found th cred credit account has been opened by accu Satpal, resident of village Kanheti at th Satp this this account has embazzled an amount fact fact that no oil has been taken by said S 3,50,000/- has been shown debited, othe 3,50 any cheque of that amount and in the sam any amo amount borrowed by Tanuj and entered simi similarly, in the closed account of Vik Rs.2,42,124/- and a bill of Rs.1,03,747/- Rs.2 acco account of Sonu, resident of Imlota a Rs.1 Rs.1,00,000/- falsely and taken the paym son son of Bhardwaj and taken the payment shown the wrongly paid salary in the show amo amounting Rs. 42,000/-, an amount of R Mon Monu Majra, Rs. 42,500/- in the nam 18,554/- in his self account, actually no p 18,5 an amount of Rs. 1,18,054/- has been k an a way way, has embezzled an amount of Rs. 23,0 not not alone in this crime but his father A Mange Ram resident of village kamod are Man visit visited Somvir at the petrol pump and th crim crime and gave guarantee regarding Som on p on petrol pump upon their asking. Now both are actively involved in the conspira both their their asking Somvir has committed this c Som Somvir father Ajit and Mange Ram had Som Somvir. Upon this present FIR was r commenced.” com was kept by the accused. On sited an amount of Rs.1,00,000/- in the bank and accused Sombir 25, he has shown deposited Rs. me was not found deposited. any oil from their pump after as shown the sale of oil of Rs. own a payment of Rs.2,00,000/- que has come on the record, as d this entry as forged. A forged accused Sombir in the name of at the petrol pump and through unt of Rs.4,19,370/- despite the id Satpal and the amount of Rs. otherwise, Satpal has not given e same way, has shown the false red in the account of Tanuj and f Vikash has shown deposit of - has been shown issued in the ta and shown the payment of payment of Rs.30,000/- from the ent in some other account and the name of Vicky Salesman of Rs. 15,000/- in the name of name of Arun Achina and Rs. no payment has been made and en kept by him also and in this . 23,05,783/-. Somvir Manager is er Ajit and his maternal uncle d are also involved because both d they both are involved in this Somvir while he was given job ow it has been known that they spiracy since the start and upon this crime. On dated 06.03.2025 had come on the pump and met as registered and investigation 4. The petit e petitioner's counsel prays for bail by imp and by imposing any stringent conditions and contends that pre hat pre-trial incarceration would cause an ir and their family. amily. He further submit that matter stand c ioner e an irreversible injustice to the petitioner tand compromise between the parties. 5. State’s c te’s counsel opposes bail and refers to r the rs to the status report. Counsel for the complainant sub nt submits that he has no objection in c as matter stand compromise. petitioner as mat the n in case, this Court grants bail to the 6. It would uld be appropriate to refer to the follo port, following portions of the status report, which read as fo as follows: “Th “That there are serious allegations ag amount of Rs. 23,05,783/- has been f amo acco accounts of the petrol pump owned by Sm of the complainant, in collusion with co of th against the petitioner, as an en found embezzled from the by Smt. Kusum daughter-in-law co-accused and no amount has 2 Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document CRM-M-24275 4275-2025 been returned by the petitioner to the pr been are are sufficient to connect the petitioner wi Hen Hence, custodial interrogation of the reco recover Rs. 23,05,783/-. The petitione operating in the investigation and In cas oper the benefits of anticipatory bail then it w the b of this case and the petitioner will not be inve investigation purpose. However, the petit other criminal case.” othe e proprietor. These allegations r with the commission of crime. the petitioner is required to tioner is deliberately not co- case, the petitioner is allowed it will scuttle the investigation ot be available to the police for petitioner is not involved in any ING: REASONING: 7. No doubt doubt, there is embezellement of Rs.23,05, e .23,05,783/- attributed to petitioner but the victim comprom promised the matter with the parties and he granted anticipat ticipatory bail. As such, no ground is made er is and he has no objection if the petitioner is made out to deny him bail. 8. Pre-trial trial incarceration should not be a replica . The eplica of post-conviction sentencing. The evidence might
Decision
disposed of. Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document 4 CRM-M-24275 4275-2025 7.2025 03.07.20 IV Jyoti-IV (ANOOP CHITKARA) JUDGE Whether speaking/reasoned: Whether reportable: Yes No. (cid:1) Jyoti 2025.07.09 09:43 I attest to the accuracy and integrity of this document 5