Judgment · High Court · 2026

Judgment

#1. petitioner Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre 2023 in FIR No.05 dated 24.03.2026 registered for offences punishable 2023 in FIR No.05 dated 24.03.2026 registered for offences punishable 2023 in FIR No.05 dated 24.03.2026 registered for offences punishable 2023 in FIR No.05 dated 24.03.2026 registered for offences punishable under Sections 13(1)(a) read with Section 13(2) of Prevention of Corruption under Sections 13(1)(a) read with Section 13(2) of Prevention of Corruption under Sections 13(1)(a) read with Section 13(2) of Prevention of Corruption under Sections 13(1)(a) read with Section 13(2) of Prevention of Corruption (5), 318(4), 336(3), 338, 340(2) and 61(2) Act, 1988 and Sections 316(5), 318(4), 336(3), 338, 340(2) and 61(2) Act, 1988 and Sections 316 BNS, 2023 at Police Station State Vigilance and Anti Corruption Bureau, BNS, 2023 at Police Station State Vigilance and Anti Corruption Bureau, BNS, 2023 at Police Station State Vigilance and Anti Corruption Bureau, BNS, 2023 at Police Station State Vigilance and Anti Corruption Bureau, Panchkula. Panchkula.

#2. As per the prosecution version, t he FIR was lodged on the basis prosecution version, the FIR was lodged on the basis regarding serious of a reference received from the Government of Haryana regarding serious of a reference received from the Government of Haryana of a reference received from the Government of Haryana financial irregularities in Fixed Deposit Receipts (FDRs) and bank accounts financial irregularities in Fixed Deposit Receipts (FDRs) and bank accounts financial irregularities in Fixed Deposit Receipts (FDRs) and bank accounts financial irregularities in Fixed Deposit Receipts (FDRs) and bank accounts of Municipal Corporation, Panchkula maintained with Kotak Mahindra of Municipal Corporation, Panchkula maintained with Kotak Mahindra of Municipal Corporation, Panchkula maintained with Kotak Mahindra of Municipal Corporation, Panchkula maintained with Kotak Mahindra Bank, Sector-11, Panchkula. As per the allegations, Bank, Sector Municipal As per the allegations, the Municipal orded sixteen FDRs amounting to more than Corporation Panchkula had recorded sixteen FDRs amounting to more than orded sixteen FDRs amounting to more than Corporation Panchkula had rec CRM-M- -31372-2026 2 158 crores. During 145 crores with a maturity value exceeding Rs.158 crores. During 145 crores with a maturity value exceeding Rs.145 crores with a maturity value exceeding reconciliation of records, substantial discrepancies were noticed between the reconciliation of records, substantial discrepancies were noticed between the reconciliation of records, substantial discrepancies were noticed between the reconciliation of records, substantial discrepancies were noticed between the y the records maintained by the Municipal Corporation and those supplied by the records maintained by the Municipal Corporation and those supplied b records maintained by the Municipal Corporation and those supplied b that eleven FDRs had matured, however the bank. It has been alleged that eleven FDRs had matured, however the that eleven FDRs had matured, however the bank. It with the expected balance reflected in the bank statements did not match with the expected balance reflected in the bank statements did not balance reflected in the bank statements did not , certain bank accounts were discovered which maturity value. Furthermore, certain bank accounts were discovered which , certain bank accounts were discovered which maturity value. Further ecords of the Municipal Corporation. As ecords of the Municipal Corporation. were not reflected in the official records of the Municipal Corporation. were not reflected in the official r per the allegations, the discrepancies revealed a large per the allegations, t scale financial fraud he discrepancies revealed a large-scale financial fraud

involving public funds and accordingly, the FIR involving public funds in question came to be , the FIR in question came to be registered against unknown bank officials and other unknown persons registered against unknown bank officials and other unknown persons registered against unknown bank officials and other unknown persons registered against unknown bank officials and other unknown persons investigation. whose involvement was to be ascertained during the course of investigation. whose involvement was to be ascertained during whose involvement was to be ascertained during During the course of investigation, it surfaced that huge investigation, it has surfaced that huge amounts allegedly siphoned from were allegedly siphoned from allegedly siphoned from the accounts of Municipal the accounts of Municipal the accounts of Municipal Corporation Panchkula via routing them through vario Corporation Panchkula us bank accounts and through various bank accounts and subsequently utilized for acquisition of immovable properties. The name of subsequently utilized for acquisition of immovable properties. The name of subsequently utilized for acquisition of immovable properties. The name of subsequently utilized for acquisition of immovable properties. The name of the present petitioner has surfaced during the present petitioner investigation on the surfaced during the course of investigation on the including financial basis of material collected by the investigating agency, including financial basis of material collected by the investigating agency basis of material collected by the investigating agency accused actions and property dealings connected with the main accused actions and property dealings connected with the transactions and property dealings connected with the persons.

#3. Learned senior counsel for the petitioner has iterated that the counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question petitioner has been falsely implicated in is not to the FIR in question as he is not Learned senior counsel has further iterated that the named in the FIR. Learned senior counsel has further iterated that the Learned senior counsel has further iterated that the named in the FIR. petitioner is neither an employee of Kotak Mahindra Bank nor an petitioner is neither an employee of Kotak Mahindra Bank nor an petitioner is neither an employee of Kotak Mahindra Bank nor an petitioner is neither an employee of Kotak Mahindra Bank nor an Municipal Corporation Panchkula. According to employee/official of the Municipal Corporation Panchkula. According to Municipal Corporation Panchkula. According to employee learned learned senior senior counsel, counsel, the petitioner the petitioner the petitioner is merely is merely is merely a property a property a property CRM-M- -31372-2026 3 ommission agent who facilitated certain property transactions on the dealer/commission agent who facilitated certain property transactions on the ommission agent who facilitated certain property transactions on the ommission agent who facilitated certain property transactions on the accused Pushpinder Singh @ Pushpinder Chaudhary. It accused Pushpinder Singh @ Pushpinder Chaudhary. instructions of co-accused Pushpinder Singh @ Pushpinder Chaudhary. instructions of co has been further contended that the amount has been received in the bank account that the amount(s) received in the bank account of the petitioner have been utilized for the purpose of of the petitioner have been purchase of properties the purpose of purchase of properties in the names of relative(s) of the said co- in the names of relative accused and the petitioner himself -accused and the petitioner himself did not derive any wrongful gain from the transaction(s) except for did not derive any wrongful gain from the transaction did not derive any wrongful gain from the transaction rightful commission. commission. It has been further contended that the investig ation is It has been further contended that the investigation is proceeding on assumptions and conjectures rather than on any tangible proceeding on assumptions and conjectures rather than on any tangible proceeding on assumptions and conjectures rather than on any tangible proceeding on assumptions and conjectures rather than on any tangible Learned material which connects the petitioner with the alleged offence. Learned material which connects the petitioner with the alleged offence. material which connects the petitioner with the alleged offence. senior counsel counsel has emphasized that the entire case is based documentary that the entire case is based on documentary evidences inancial transactions which are already in s, bank records and financial transactions which are already in inancial transactions which are already in possession of the investigating agency and, therefore, custodial interrogation possession of the investigating agency and, therefore, custodial interrogation possession of the investigating agency and, therefore, custodial interrogation possession of the investigating agency and, therefore, custodial interrogation of the petitioner is not warranted in the factual of the petitioner is not warranted in the factual milieu of the case in hand of the case in hand. It has been further contended that the name has been further contended has surfaced only that the name of the petitioner has surfaced only on the basis of disclosure statement(s) of co on the basis of disclosure statement accused persons and there is no of co-accused persons and there is no direct evidence which would connect the petitioner direct evidence with the alleged which would connect the petitioner with the alleged Learned senior counsel has further submitted that the embezzlement. Learned senior counsel has further submitted that the Learned senior counsel has further submitted that the embezzlement. ociety; is a permanent resident of the State; has petitioner has deep roots in society; is a permanent resident of the State; has ociety; is a permanent resident of the State; has petitioner has dee no criminal antecedents and, therefore, there is no need for the custodial no criminal antecedents and, therefore, there is no need for the custodial no criminal antecedents and, therefore, there is no need for the custodial no criminal antecedents and, therefore, there is no need for the custodial interrogation of the petitioner. Learned senior interrogation of the petitioner. Learned counsel has asserted that the senior counsel has asserted that the investigation as and when required, shall not petitioner is willing to join the investigation as and when required, shall not investigation as and when required, shall not petitioner is willing to join the tamper with evidence or influence any witness and shall abide by all the tamper with evidence or influence any witness and shall abide by all the tamper with evidence or influence any witness and shall abide by all the tamper with evidence or influence any witness and shall abide by all the arrest bail. On the strength conditions imposed in case he is enlarged on pre-arrest bail. On the strength conditions imposed in case he is enlarged on pre conditions imposed in case he is enlarged on pre ory bail is of these submissions, the grant of concession of anticipatory bail is of these submissions, the grant of concession of anticipat of these submissions, the grant of concession of anticipat entreated for. entreated for. CRM-M- -31372-2026 4

#4. Per contra, learned State counsel opposed the grant of , learned 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 serious involving large-scale embezzlement and petitioner are serious involving large disclose a scale embezzlement and disclose a well-planned economic offence involving misappropriation of public funds planned economic offence involving misappropriation of public funds economic offence involving misappropriation of public funds Learned State counsel has iterated that running into several crores of rupees. Learned State counsel has iterated that Learned State counsel has iterated that running into several crores of rupees. the investigation has revealed that investigation has revealed that the have been the substantial amount(s) have been routed diverted from the accounts of Municipal Corporation, Panchkula and routed diverted from the accounts of Municipal Corpo diverted from the accounts of Municipal Corpo through the connected with the petitioner and thereafter utilized the account(s) connected with the petitioner and thereafter utilized connected with the petitioner and thereafter utilized Referring to reply dated purchase of various immovable properties. Referring to reply dated purchase of various immovable properties. for the purchase of various immovable properties.

08.07.2026, by way of affidavit of Bhartendra Kumar, Deputy 08.07.2026, by way of affidavit of Bhartendra Kumar, Deputy 08.07.2026, by way of affidavit of Bhartendra Kumar, Deputy 08.07.2026, by way of affidavit of Bhartendra Kumar, Deputy of Police, State Vigilance and Anti Corruption Bureau, Superintendent of Police, State Vigilance and Anti Corruption Bureau, of Police, State Vigilance and Anti Corruption Bureau, Superintendent Panchkula, learned State counsel has submitted that the petitioner is Panchkula, learned State counsel has submitted that the Panchkula, learned State counsel has submitted that the is an crime. active participant in layering and diversion of the proceeds of the crime. active participant in layering and diversion of the proceeds of active participant in layering and diversion of the proceeds of The relevant part of the said reply reads thus: The relevant part of the said reply reads thus: The relevant part of the said reply reads thus: “8 That the embezzled money was further diverted illegally from accounts of Rajat Dahra Swati Farm, Tomar SK Agro Tech SK Agro Farm beneficiaries into the accounts of Sanat Sonia, Vinod, Kapil some main beneficiaries into the accounts of Sanat beneficiaries into the accounts of Sanat Sunny Garg and Priyanka Garg), Swati Tomar Enterprises (Directors – Sunny Garg and Priyanka Garg), Swati Tomar Sunny Garg and Priyanka Garg), Swati Tomar accused including Samar Mohan Ranga (Petitioner) in and other co-accused including Samar Mohan Ranga (Petitioner) in accused including Samar Mohan Ranga (Petitioner) in Layer 2 as follows:- Amount Credit Amount Debit Debit (Rs.) 6974,700,230.10 30,350,000 6974,700,230.10 Amount (Rs.) Amount Amount Net Net (Rs.) 667,350,230.10 667,350,230.10 Sr. No. 1.

#3. 4.

#5. 132,196,639.70 132,196,639.70 Funds diverted to Sanat Enterprises Allied & entities Swati Tomar 294.619.507.24 Pushpinder 294.619.507.24 5,19,00,000 5,19,00,000 Samar (Five crores and (Five crores and Mohan Ranga nineteen lacs) nineteen lacs) (Petitioner) Aryan Singh 35,00,000 Total(Rs.) 5,938.621 126,258,018.70 126,258,018.70 83,312,507.24 211.307,000 83,312,507.24 5,19,00,000 14,100,000 20,900,000 942,920,756.04 1,211,416,377.04 268,495,621 942,920,756.04 1,211,416,377.04 CRM-M- -31372-2026 5

#9. accused That during investigation, it is revealed that the petitioner-accused That during investigation, it is revealed that the petitioner was hand in glove with accused Pushpinder, Swati Samar Mohan Ranga was hand in glove with accused Pushpinder, Swati was hand in glove with accused Pushpinder, Swati Tomar, Rajat Dahra etc. from the very initial stage of the conspiracy Tomar, Rajat Dahra etc. from the very initial stage of the conspiracy Tomar, Rajat Dahra etc. from the very initial stage of the conspiracy genuine/gorged bank account (Kotak Mahindra Bank, when one non-genuine/gorged bank account (Kotak Mahindra Bank, genuine/gorged bank account (Kotak Mahindra Bank, 11, Panchkula A/c No.2015073031) was opened in the name of Sector – 11, Panchkula A/c No.2015073031) was opened in the name of 11, Panchkula A/c No.2015073031) was opened in the name of pal Corporation, Panchkula by Municipal Corporation, Panchkula by pal Corporation, Panchkula by these accused persons on these accused persons on these accused persons on

21.05.2020 and few months thereafter the above mentioned embezzled 21.05.2020 and few months thereafter the above mentioned embezzled 21.05.2020 and few months thereafter the above mentioned embezzled ) started being siphoned into the joined account money (Rs.5,19,00,000/-) started being siphoned into the joined account ) started being siphoned into the joined account Samar (No.115110100006348 Union Bank of India) of petitioner-accused Samar (No.115110100006348 Union Bank of India) of petitioner Mohan Ranga and his wife Neha Samar Ranga from the accounts of Mohan Ranga and his wife Neha Samar Ranga from the accounts of Mohan Ranga and his wife Neha Samar Ranga from the accounts of accused Kapil Kumar, Rajat Dahra, Swati Tomar and firms namely – accused Kapil Kumar, Rajat Dahra, Swati Tomar and firms namely SK Agrotech (Director – Kulbir Bagri demised) and SK Agro Farms Kulbir Bagri – demised) and SK Agro Farms (Director – Priyanka Raijada) on various dates between

17.03.2021 to Priyanka Raijada) on various dates between 17.03.2021 to

12.12.2023 as shown in the following table:- 12.12.2023 as shown in the following table: Sr. Account Account No. Account No. Date Amount No. Holder Name Transaction transferred transferred

#1. SK Agro Farms 658920110000242 658920110000242 (Bank of India) (Bank of India)

17.03.2021

#5. SK Agro Tech 3299201000347 3299201000347 (Canara Bank) (Canara Bank) 3299201000347 SK Agro Tech 3299201000347 (Canara Bank) (Canara Bank) SK Agro Tech 3299201000347 3299201000347 (Canara Bank) (Canara Bank) 47701508648 47701508648 (ICICI Bank) (ICICI Bank) Rajat Dahra

#6. Kapil Kumar 10073794935 10073794935 (IDFC Bank) (IDFC Bank)

18.03.2021

22.03.2021

23.03.2021

13.07.2021

31.07.2021

#7. Rajat Dahra

#8. Rajat Dahra 3541000108247140 24.09.2021 3541000108247140 (PNB) 3541000108247140 02.11.2021 3541000108247140 (PNB)

#9. Rajat Dahra 3541000108247140 20.11.2021 3541000108247140 (PNB)

#10. Swati Tomar 1183000101142310 29.11.2023 1183000101142310 (PNB) the account of the account of petitioner 20,00,000/- 20,00,000/- lacs) (Twenty lacs) 20,00,000/- 20,00,000/- (Twenty lacs) (Twenty lacs) 20,00,000/- 20,00,000/- (Twenty lacs) (Twenty lacs) 10,00,000/- 10,00,000/- (Ten lacs) 91,00,000/- 91,00,000/- Ninety (Ninety lacs) 25,00,000/- 25,00,000/- Five Five (Twenty (Twenty lacs) 60,00,000/- 60,00,000/- (Sixty lacs) (Sixty lacs) 75,00,000/- 75,00,000/- (Seventy Five (Seventy Five lacs) 25,00,000/- 25,00,000/- Five Five (Twenty (Twenty lacs) 1,05,00,000/- 1,05,00,000/ (One crore and (One crore and CRM-M- -31372-2026 11 Swati Tomar 1183000101142310 12.12.2023 1183000101142310 (PNB) Total 6 Five lacs) 68,00,000/- 68,00,000/- Eight Eight (Sixty (Sixty lacs) 5,19,00,000/- 5,19,00,000/ (Five crores Nineteen and Nineteen lacs) It is also relevant to mentioned here that recovery of above It is also relevant to mentioned here that recovery of above It is also relevant to mentioned here that recovery of above (Five Crores and Nineteen lacs) mentioned amount of Rs.5,19,00,000/- (Five Crores and Nineteen lacs) mentioned amount of Rs.5,19,00,000/ accused Samar Mohan Ranga is still pending. from the petitioner-accused Samar Mohan Ranga is still pending.

#10. That during the investigation conducted so far, total 09 accused That during the investigation conducted so far, total 09 accused That during the investigation conducted so far, total 09 accused persons including Dalip Raghav, Pushpender, Vikas Kaushik, Rajat persons including Dalip Raghav, Pushpender, Vikas Kaushik, Rajat persons including Dalip Raghav, Pushpender, Vikas Kaushik, Rajat and others, Dahra, Swati Tomar, Samar Mohan Ranga (Petitioner), Kapil and others, Dahra, Swati Tomar, Samar Mohan Ranga (Petitioner), Kapil have been arrested on various dates as shown in the following table have been arrested on various dates as shown in the following table have been arrested on various dates as shown in the following table alongwith present status of their custody alongwith present status of their custody Sr. No.

#9. Name of Accused Present status of Date of Arrest Present status of Dalip Raghav Rajat Dahra Kapil custody

25.03.2026 In judicial custody In judicial custody

26.03.2026 In judicial custody In judicial custody

31.03.2026 In judicial custody In judicial custody Vikash Kaushik

02.04.2026 In judicial custody In judicial custody Swati Tomar

06.04.2026 In judicial custody In judicial custody Pushpender Singh

08.04.2026 In judicial custody In judicial custody Sonia

23.04.2026 custody In judicial custody Priyanka Raijada

04.05.2026 In judicial custody In judicial custody Neha Samar Ranga

07.04.2026 In judicial custody In judicial custody It is relevant to mentioned here that two accused persons namely – It is relevant to mentioned here that two accused persons namely It is relevant to mentioned here that two accused persons namely Kulbir Bagri (Proprietor/Director of SK Agro Tech) and Vinod Kumar Kulbir Bagri (Proprietor/Director of SK Agro Tech) and Vinod Kumar Kulbir Bagri (Proprietor/Director of SK Agro Tech) and Vinod Kumar demised. Arrest of remaining accused persons namely Samar Mohan have demised. Arrest of remaining accused persons namely Samar Mohan demised. Arrest of remaining accused persons namely Samar Mohan Range (Petitioner), Aryan Singh, Sunny Garg, Priyanka Garg, Satish Range (Petitioner), Aryan Singh, Sunny Garg, Priyanka Garg, Satish Range (Petitioner), Aryan Singh, Sunny Garg, Priyanka Garg, Satish Kumar and some officials of Municipal Corporation, Panchkula and Kumar and some officials of Municipal Corporation, Panchkula and Kumar and some officials of Municipal Corporation, Panchkula and The afore- Kotak Mahindra Bank involved in the case is still remaining. The afore Kotak Mahindra Bank involved in the case is still remaining. named accused Sunny Garg, Priyanka Garg and Satish Kumar are out of named accused Sunny Garg, Priyanka Garg and Satish Kumar are out of named accused Sunny Garg, Priyanka Garg and Satish Kumar are out of India and their LOC’s have been issued. Earnest efforts are being made India and their LOC’s have been issued. Earnest efforts are being made India and their LOC’s have been issued. Earnest efforts are being made by the answering respondent to arrest the aforesaid accused persons.” by the answering respondent to arrest the aforesaid accused persons.” CRM-M- -31372-2026 7 Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, transactions in question are learned State counsel has contended that the transactions in question are learned State counsel has contended that the learned State counsel has contended that the numerous and complex for which custodial interrogation numerous and complex of the petitioner is custodial interrogation of the petitioner is necessary to ascertain the money trail, identify b necessary eneficiaries and recover to ascertain the money trail, identify beneficiaries and recover relevant documents and evidence. Learned State counsel has relevant documents and evidence. emphasized Learned State counsel has emphasized that releasing the on bail at this crucial stage may hamper the releasing the petitioner on bail at this crucial stage may hamper the on bail at this crucial stage may hamper the dence or ongoing investigation and potentially lead to tampering with evidence or ongoing investigation and potentially lead to tampering with evi ongoing investigation and potentially lead to tampering with evi Accordingly, a prayer has been made for the influencing of witness(s). Accordingly, a prayer has been made for the Accordingly, a prayer has been made for the influencing o dismissal of the instant petition. dismissal

#5. 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.

#6. dgment of the It would be apposite to refer herein to a judgment of the It would be apposite to refer herein to a ju Devinder Kumar Bansal vs. The State of Hon’ble Supreme Court titled as Devinder Kumar Bansal vs. The State of Devinder Kumar Bansal vs. The State of Hon’ble Supreme Court titled as relevant whereof reads as under: Punjab, 2025 INSC 320, relevant whereof reads as under: Punjab, 2025 INSC 320, The parameters for grant of anticipatory bail in a serious offence “21. The parameters for grant of anticipatory bail in a serious offence The parameters for grant of anticipatory bail in a serious offence ed. Anticipatory bail can be like corruption are required to besatisfied. Anticipatory bail can be like corruption are required to besatisfi granted only in exceptional circumstances where the Court is prima facie granted only in exceptional circumstances where the Court is prima facie granted only in exceptional circumstances where the Court is prima facie of the view that the applicant has been falsely enroped in the crime or the of the view that the applicant has been falsely enroped in the crime or the of the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. So far as the case at allegations are politically motivated or are frivolous. So far as the case at allegations are politically motivated or are frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances hand is concerned, it cannot be said that any exceptional circumstances hand is concerned, it cannot be said that any exceptional circumstances have been made out by the petitioner accused for grant of anticipatory have been made out by the petitioner accused for grant of anticipatory have been made out by the petitioner accused for grant of anticipatory bail and there is no frivolity in the prosecution. bail and there is no frivolity in the prosecution.

#22. In the aforesaid context, we may refer to a pronouncement in In the aforesaid context, we may refer to a pronouncement in In the aforesaid context, we may refer to a pronouncement in Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) , wherein this Court expressed thus: 7 Scale 15, wherein this Court expressed thus: “28. While granting bail, the court has to keep in mind the nature “28. While granting bail, the court has to keep in mind the nature “28. While granting bail, the court has to keep in mind the nature usation, the nature of evidence in support thereof, the of accusation, the nature of evidence in support thereof, the usation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the severity of the punishment which conviction will entail, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the character of the accused, circumstances which are peculiar to the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused, reasonable possibility of securing the presence of the accused, reasonable possibility of securing the presence of the t the trial, reasonable apprehension of the witnesses accused at the trial, reasonable apprehension of the witnesses t the trial, reasonable apprehension of the witnesses CRM-M- -31372-2026 8 being tampered with, the larger interests of the public/State and being tampered with, the larger interests of the public/State and being tampered with, the larger interests of the public/State and other similar considerations. It has also to be kept in mind that for other similar considerations. It has also to be kept in mind that for other similar considerations. It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words the purpose of granting bail, the Legislature has used the words the purpose of granting bail, the Legislature has used the words reasonable grounds for believing" instead of "the evidence" "reasonable grounds for believing" instead of "the evidence" reasonable grounds for believing" instead of "the evidence" which means the Court dealing with the grant of bail can only which means the Court dealing with the grant of bail can only which means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused satisfy it as to whether there is a genuine case against the accused satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie and that the prosecution will be able to produce prima facie and that the prosecution will be able to produce prima facie ence in support of the charge. It is not expected, at this stage, evidence in support of the charge. It is not expected, at this stage, ence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond to have the evidence establishing the guilt of the accused beyond to have the evidence establishing the guilt of the accused beyond reasonable doubt.”

#23. The presumption of innocence, by itself, cannot be thesole The presumption of innocence, by itself, cannot be thesole The presumption of innocence, by itself, cannot be thesole bail. The presumption of consideration for grant of anticipatory bail. The presumption of consideration for grant of anticipatory innocence is one of the considerations, which the court should keep in innocence is one of the considerations, which the court should keep in innocence is one of the considerations, which the court should keep in mind while considering the plea for anticipatory bail. The salutary rule is mind while considering the plea for anticipatory bail. The salutary rule is mind while considering the plea for anticipatory bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over to balance the cause of the accused and the cause of public justice. Over to balance the cause of the accused and the cause of public justice. Over s homage to the accused’s liberty can, sometimes, defeat the solicitous homage to the accused’s liberty can, sometimes, defeat the s homage to the accused’s liberty can, sometimes, defeat the cause of public justice.

#24. If liberty is to be denied to an accused to ensure corruption free If liberty is to be denied to an accused to ensure corruption free If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where society, then the courts should not hesitate in denying such liberty. Where society, then the courts should not hesitate in denying such liberty. Where rations in the nature aforesaid require denial of overwhelming considerations in the nature aforesaid require denial of rations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to anticipatory bail, it has to be denied. It is altogether a different thing to anticipatory bail, it has to be denied. It is altogether a different thing to sheet is filed, the court say that once the investigation is over and charge-sheet is filed, the court say that once the investigation is over and charge accused of may consider to grant regular bail to a public servant - accused of may consider to grant regular bail to a public serv indulging in corruption.

#25. Avarice is a common frailty of mankind and Robert Walpole's Avarice is a common frailty of mankind and Robert Walpole's Avarice is a common frailty of mankind and Robert Walpole's famous pronouncement that all men have their price, notwithstanding the famous pronouncement that all men have their price, notwithstanding the famous pronouncement that all men have their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth. As far back unsavoury cynicism that it suggests, is not very far from truth. As far back unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: “Among a as more than two centuries ago, it was Burke who cautioned: “Among a as more than two centuries ago, it was Burke who cautioned: “Among a people generally corrupt, liberty cannot last long”. In more recent years, people generally corrupt, liberty cannot last long”. In more recent years, people generally corrupt, liberty cannot last long”. In more recent years, Romain Rolland lamented that France fell because there was corruption Romain Rolland lamented that France fell because there was corruption Romain Rolland lamented that France fell because there was corruption t, very dangerous potentialities. without indignation. Corruption has, in it, very dangerous potentialities. without indignation. Corruption has, in i Corruption, a word of wide connotation has, in respect of almost all the Corruption, a word of wide connotation has, in respect of almost all the Corruption, a word of wide connotation has, in respect of almost all the spheres of our day to day life, all the world over, the limited meaning of spheres of our day to day life, all the world over, the limited meaning of spheres of our day to day life, all the world over, the limited meaning of allowing decisions and actions to be influenced not by the rights or allowing decisions and actions to be influenced not by the rights or allowing decisions and actions to be influenced not by the rights or s of acase but by the prospects of monetary gains or other selfish wrongs of acase but by the prospects of monetary gains or other selfish s of acase but by the prospects of monetary gains or other selfish considerations.

#26. If even a fraction of what was the vox pupuli about the magnitude If even a fraction of what was the vox pupuli about the magnitude If even a fraction of what was the vox pupuli about the magnitude of corruption to be true, then it would not be far removed from the truth, of corruption to be true, then it would not be far removed from the truth, of corruption to be true, then it would not be far removed from the truth, rruption indulged in with impunity by highly that it is the rampant corruption indulged in with impunity by highly rruption indulged in with impunity by highly CRM-M- -31372-2026 9 placed persons that has led to economic unrest in this country. If one is placed persons that has led to economic unrest in this country. If one is placed persons that has led to economic unrest in this country. If one is asked to name one sole factor that effectively arrested the progress of our asked to name one sole factor that effectively arrested the progress of our asked to name one sole factor that effectively arrested the progress of our ciety in a society to prosperity, undeniably it is corruption. If the society in a society to prosperity, undeniably it is corruption. If the so developing country faces a menace greater than even the one from the developing country faces a menace greater than even the one from the developing country faces a menace greater than even the one from the hired assassins to its law and order, then that is from the corrupt elements hired assassins to its law and order, then that is from the corrupt elements hired assassins to its law and order, then that is from the corrupt elements at the higher echelons of the Government and of the political parties.” at the higher echelons of the Government and of the political parties.

#7. ilable on record and the stand of the As per the material available on record and the stand of the ilable on record and the stand of the prosecution before this Court, indubitably, serious allegations have been prosecution before this Court, indubitably, serious allegations have been prosecution before this Court, indubitably, serious allegations have been prosecution before this Court, indubitably, serious allegations have been The allegations in the present case pertain to levelled against the petitioner. The allegations in the present case pertain to The allegations in the present case pertain to levelled against the petitioner. a large scale financial fraud involving public funds of Municipal financial fraud involving public funds of Municipa large scale financial fraud involving public funds of Municipa Corporation, Panchkula. The material collected during Corporation the course of Panchkula. The material collected during the course of that huge amounts were transferred investigation prima facie reflects that huge amounts were transferred that huge amounts were transferred investigation allegedly utilized for acquisition of through various accounts and have been allegedly utilized for acquisition of allegedly utilized for acquisition of through various accounts and The role attributed to the petitioner is that he acted as immovable properties. The role attributed to the petitioner is that he acted as The role attributed to the petitioner is that he acted as immovable properties. an intermediary in the alleged diversion and utilization of funds siphoned an intermediary in the alleged diversion and utilization of funds siphoned an intermediary in the alleged diversion and utilization of funds siphoned an intermediary in the alleged diversion and utilization of funds siphoned the course from the accounts of Municipal Corporation, Panchkula. During the course from the accounts of Municipal Corporation, Panchkula. During from the accounts of Municipal Corporation, Panchkula. During of investigation, it investigation, it has surfaced that substantial amounts were transferred surfaced that substantial amounts were transferred into account(s) connected with the petitioner and were into account utilized connected with the petitioner and were, thereafter, utilized for purchase of various immovable properties in the names of family for purchase of various immovable properties in the names of family for purchase of various immovable properties in the names of family for purchase of various immovable properties in the names of family Pushpinder Singh @ members and associates of the main accused namely Pushpinder Singh @ members and associates of the main accused members and associates of the main accused Pushpinder Chaudhary. The contention that the Pushpinder Chaud contention that the petitioner is merely is merely a does not property dealer and acted on the instructions of the co-accused does not property dealer and acted on the instructions of the co property dealer and acted on the instructions of the co merit acceptance at this stage, as the material merit acceptance at this stage, as the material placed before the Court prima through accounts indicates that substantial amounts were routed through accounts indicates that substantial amounts were routed facie indicates that substantial amounts were routed connected with the petitioner and properties were purchased pursuant connected with the petitioner and properties were purchased pursuant connected with the petitioner and properties were purchased pursuant connected with the petitioner and properties were purchased pursuant thereto. Whether the petitioner acted knowingly or innocently is a matter thereto. Whether the petitioner acted knowingly or innocently is a matter thereto. Whether the petitioner acted knowingly or innocently is a matter thereto. Whether the petitioner acted knowingly or innocently is a matter that can only be only be determined after the completion of investigation/ It is the completion of investigation/trial. It is CRM-M- -31372-2026 10 he anticipatory bail is an extraordinary relief and is not to be trite law that the anticipatory bail is an extraordinary relief and is not to be he anticipatory bail is an extraordinary relief and is not to be trite law that t granted as a matter of right particularly in cases involving serious economic granted as a matter of right particularly in cases involving serious economic granted as a matter of right particularly in cases involving serious economic granted as a matter of right particularly in cases involving serious economic offences.

#8. The argument that the case is based solely on documentary The argument that the case is based solely on documentary The argument that the case is based solely on documentary evidence does not persuade this Court as the evidence conomic offences involving does not persuade this Court as the economic offences involving The exact complex financial transactions require detailed investigation. The exact complex financial transactions require detailed investigation complex financial transactions require detailed investigation nature and extent of the involvement of the petitioner nature and extent of can be effectively of the petitioner can be effectively Economic offences unearthed only through a free and fair investigation. Economic offences unearthed only through a free and fair inves unearthed only through a free and fair inves involving public funds have far-reaching consequences on involving public funds have far ociety and reaching consequences on society and public administration. Such offences are committed with deliberate planning public administration. Such offences are committed with deliberate planning public administration. Such offences are committed with deliberate planning public administration. Such offences are committed with deliberate planning uire a and affect public confidence in institutions. Therefore, they require a and affect public confidence in institutions. Therefore, they req and affect public confidence in institutions. Therefore, they req stringent The approach while considering a prayer for anticipatory bail. The approach while considering a prayer for anticipatory bail. investigation in the present case is at a crucial stage. investigation in the present case At this stage, the a crucial stage. At this stage, the material collected during investigation cannot be brushed aside as vague or material collected during investigation cannot be brushed aside as vague or material collected during investigation cannot be brushed aside as vague or material collected during investigation cannot be brushed aside as vague or baseless. baseless.

#9. ication raised by the petitioner is a The plea of false implication raised by the petitioner is a ication raised by the petitioner is a disputed question of fact and involves appreciation of evidence, which disputed question of fact and involves appreciation of evidence, which disputed question of fact and involves appreciation of evidence, which disputed question of fact and involves appreciation of evidence, which cannot be adjudicated upon at this stage. The same can only be adjudicated cannot be adjudicated upon at this stage. The same can only be adjudicated cannot be adjudicated upon at this stage. The same can only be adjudicated cannot be adjudicated upon at this stage. The same can only be adjudicated In the upon the conclusion of the investigation or during the course of trial. In the upon the conclusion of the investigation or during the course of trial. upon the conclusion of the investigation or during the course of trial. considered opinion of this Court, granting anticipatory bail at this stage may considered opinion of this Court, granting anticipatory bail at this stage may considered opinion of this Court, granting anticipatory bail at this stage may considered opinion of this Court, granting anticipatory bail at this stage may hamper the on-going investigation. No cause hamper the on plausible cause has been No cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has shown, at this stage, from which it can be deciphered that the petitioner has shown, at this stage, from which it can be deciphered that the petitioner has shown, at this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present been falsely imp trial Court FIR. Furthermore, the trial Court has already declined the plea of the petitioner after considering the relevant has already declined the plea of the petitioner after considering the relevant has already declined the plea of the petitioner after considering the relevant has already declined the plea of the petitioner after considering the relevant factors, including the manner in which the name of the petitioner surfaced factors, including the manner in which the name of the petitioner surfaced factors, including the manner in which the name of the petitioner surfaced factors, including the manner in which the name of the petitioner surfaced CRM-M- -31372-2026 11 ention here that while considering a during investigation. It is befitting to mention here that while considering a ention here that while considering a during investigation. plea forgrant of anticipatory bail, the Court has to equilibrate between plea forgrant of anticipatory bail, the Court has to equilibrate between plea forgrant of anticipatory bail, the Court has to equilibrate between plea forgrant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court safeguarding individual rights and protecting societal interests. The Court safeguarding individual rights and protecting societal interests. The Court safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role ought to reckon with the magnitude and nature of the offence; the role ought to reckon with the magnitude and nature of the offence; the role ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair and free investigation as also the impact of such alleged iniquities on the society. At this deeper and wider impact of such alleged iniquities on the society. At this impact of such alleged iniquities on the society. At this deeper and wide case is not stage, there is no material on record to hold that a prima facie case is not stage, there is no material on record to hold that stage, there is no material on record to hold that titioner. The material which has come on record and made out against the petitioner. The material which has come on record and titioner. The material which has come on record and made out against the pe preliminary investigation, appear to establish a reasonable basis for the the preliminary investigation, appear to establish a reasonable basis for the preliminary investigation, appear to establish a reasonable basis for the preliminary investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as petitioner, as petitioner, as it would necessarily cause it would necessarily cause it would necessarily cause t impediment impedimen impedimen in effective in effective