State of Haryana v. ALOK JAIN

ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN Present: Mr. Shubham Sharma, Advocate for the petitioner. Mr. Shubham Sharma, Advocate for the petitioner. **** Ms. Akshita Chauhan, DAG, Haryana. Ms. Akshita Chauhan, DAG, Haryana Mr. Shantanu Bansal, Advocate Mr. Shantanu Bansal, Advocate complainant for respondent No.2-complainant **** ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral)

#1. The present petition has been filed seeking the grant of The present petition has been filed seeking the grant of The present petition has been filed seeking the grant of anticipatory bail to the petitioner in case FIR No. 131 dated 11.06.2026, anticipatory bail to the petitioner in case FIR No. 131 dated 11.06.2026, anticipatory bail to the petitioner in case FIR No. 131 dated 11.06.2026, anticipatory bail to the petitioner in case FIR No. 131 dated 11.06.2026, registered under Sections 316(2), 318(4), 336(3), and 338 (added later) of registered under Sections 316(2), 318(4), 336(3), and 338 (added later) of registered under Sections 316(2), 318(4), 336(3), and 338 (added later) of registered under Sections 316(2), 318(4), 336(3), and 338 (added later) of to Sections 406, 420, the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 406, 420, the Bharatiya Nyaya Sanhita, 2023 (corresponding the Bharatiya Nyaya Sanhita, 2023 (corresponding 468, and 467 (added later) of the IPC), at Police Station Saha, District 468, and 467 (added later) of the IPC), at Police Station Saha, District 468, and 467 (added later) of the IPC), at Police Station Saha, District 468, and 467 (added later) of the IPC), at Police Station Saha, District Ambala, Haryana. Ambala, Haryana.

#2. Learned counsel for the petitioner, after taking the Court Learned counsel for the petitioner, after taking the Court Learned counsel for the petitioner, after taking the Court the FIR, has vehemently submitted through the allegations contained in the FIR, has vehemently submitted the FIR, has vehemently submitted through the fact, the complainant, who is the Branch Manager, is the that, in fact, the complainant, who is the Branch Manager, is the fact, the complainant, who is the Branch Manager, is the fact, the complainant, who is the Branch Manager, is the mastermind behind the entire fraud and now mastermind behind the entire fraud and the petitioner has been made a now the petitioner has been made a scapegoat. Learned counsel further submits that it is highly improbable that scapegoat. Learned counsel further submits that it is highly improbable that scapegoat. Learned counsel further submits that it is highly improbable that scapegoat. Learned counsel further submits that it is highly improbable that CRM-M-34600 34600-2026 (O&M) -2- huge amount from the the Branch Manager would have handed over such a huge amount from the the Branch Manager would have handed over such a the Branch Manager would have handed over such a bank along with the gold to the customer without any security and without bank along with the gold to the customer without any security and without bank along with the gold to the customer without any security and without bank along with the gold to the customer without any security and without following the due procedure of law and the prescribed protocols. It is following the due procedure of law and the prescribed protocols. It is following the due procedure of law and the prescribed protocols. It is following the due procedure of law and the prescribed protocols. It is contended that the said amount has, in fact, been embezzled by the contended that the said amount has, in fact, been embezzled by the contended that the said amount has, in fact, been embezzled by the contended that the said amount has, in fact, been embezzled by the umar, and Anil Kumar, and the petitioner has complainant, Gulshan Kumar, and Anil Kumar, and the petitioner has umar, and Anil Kumar, and the petitioner has complainant, Gulshan K nothing whatsoever to do with the alleged offence. nothing whatsoever to do with the alleged offence. nothing whatsoever to do with the alleged offence.

#3. , learned State counsel has vehemently opposed the Per contra, learned State counsel has vehemently opposed the , learned State counsel has vehemently opposed the grant of anticipatory bail to the petitioner and submitted that the allegations grant of anticipatory bail to the petitioner and submitted that the allegations grant of anticipatory bail to the petitioner and submitted that the allegations grant of anticipatory bail to the petitioner and submitted that the allegations nature. It is further submitted that the custodial interrogation are serious in nature. It is further submitted that the custodial interrogation nature. It is further submitted that the custodial interrogation are serious in of the petitioner is of immense importance, as the recovery of the alleged of the petitioner is of immense importance, as the recovery of the alleged of the petitioner is of immense importance, as the recovery of the alleged of the petitioner is of immense importance, as the recovery of the alleged amount and the gold is yet to be effected. It is also submitted that the loan amount and the gold is yet to be effected. It is also submitted that the amount and the gold is yet to be effected. It is also submitted that the slips used to induce the bank to be verified, and as per the used to induce the bank are yet to be verified, and as per the to be verified, and as per the allegations, the said slips were procured and produced by the petitioner allegations, the said slips were procured and produced by the petitioner allegations, the said slips were procured and produced by the petitioner allegations, the said slips were procured and produced by the petitioner himself.

#4. submits that Learned counsel appearing for the complainants submits that Learned counsel appearing for the complainant , Gulshan Kumar, and Anil Kumar shall also join the the complainants, Gulshan Kumar, and Anil Kumar shall also join the , Gulshan Kumar, and Anil Kumar shall also join the the complainant on, and the investigating agency shall diligently investigate the investigation, and the investigating agency shall diligently investigate the on, and the investigating agency shall diligently investigate the on, and the investigating agency shall diligently investigate the matter from all possible angles. matter from all possible angles.

#6. Heard learned counsel for the parties at length. Heard learned counsel for the parties at length. Considering the seriousness of the allegations against the Considering the seriousness of the allegations against the Considering the seriousness of the allegations against the inciple of law laid down by the petitioner and in light of the settled principle of law laid down by the inciple of law laid down by the petitioner and in light of the settled pr Hon'ble Supreme Court in CBI v. Anil Sharma, (1997) 7 SCC 187, Hon'ble Supreme Court in CBI v. Anil Sharma, (1997) 7 SCC 187, the relevant extract is reproduced as under: relevant extract is reproduced as under: CRM-M-34600 34600-2026 (O&M) -3- We find force in the submission of the CBI that custodial “We find force in the submission of the CBI that custodial We find force in the submission of the CBI that custodial orientated than interrogation is qualitatively more elicitation orientated than interrogation is qualitatively more elicitation questioning a suspect who is well ensconced with a favourable questioning a suspect who is well ensconced with a favourable questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this order under Section 438 of the Code. In a case like this order under Section 438 of the Code. In a case like this effective interrogation of suspected person is of tremendous effective interrogation of suspected person is of tremendous effective interrogation of suspected person is of tremendous advantage in disinterring many useful informations and also advantage in disinterring many useful informations and also advantage in disinterring many useful informations and also materials which would have been concealed. Success in such materials which would have been concealed. Success in such materials which would have been concealed. Success in such elude if the suspected person knows that interrogation would elude if the suspected person knows that elude if the suspected person knows that arrest bail order he is well protected and insulated by a pre-arrest bail order he is well protected and insulated by a pre during the time he is interrogated. Very often interrogation in during the time he is interrogated. Very often interrogation in during the time he is interrogated. Very often interrogation in ndition would reduce to a mere ritual. The argument such a condition would reduce to a mere ritual. The argument ndition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of that the custodial interrogation is fraught with the danger of that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be the person being subjected to third degree methods need not be the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all countenanced, for, such an argument can be advanced by all countenanced, for, such an argument can be advanced by all inal cases. The Court has to presume that accused in all criminal cases. The Court has to presume that inal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible Police Officers would conduct themselves in a responsible Police Officers would conduct themselves in a responsible manner and that those entrusted with the task of responsible manner and that those entrusted with the task of responsible manner and that those entrusted with the task of disinterring would not conduct themselves as offenders. disinterring would not conduct themselves as offenders.

#7. nces and settled principle In light of the facts, circumstances and settled principle In light of the facts, circumsta the custodial interrogation of the petitioner is of paramount of law, the custodial interrogation of the petitioner is of paramount the custodial interrogation of the petitioner is of paramount the custodial interrogation of the petitioner is of paramount importance, at this stage, to ensure that the investigation in this case comes , at this stage, to ensure that the investigation in this case comes at this stage, to ensure that the investigation in this case comes to its logical end. to its logical end. CRM-M-34600 34600-2026 (O&M) -4-

#8. ound to Accordingly, this Court does not find any reasonable ground to Accordingly, this Court does not find any reasonable gr grant the extra ordinary concession of anticipatory bail to the petitioner, grant the extra ordinary concession of anticipatory bail to the petitioner, grant the extra ordinary concession of anticipatory bail to the petitioner, grant the extra ordinary concession of anticipatory bail to the petitioner, hence, the same is dismissed. hence, the same is dismissed.

#9. Pending application(s), if any, stands disposed of. Pending application(s), if any, stands disposed of. July 21, 2026 July 21, 2026 Whether speaking/reasoned:- Whether speaking/reasoned: Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE