26.8.2025 Rajbir Singh @ RV ………… v. CORAM: HON'BLE
Case Details
CRM-M No.45705 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 ***** CRM-M No.45705 of 2025 Date of decision : 26.8.2025 Rajbir Singh @ RV ………….Petitioner State of Haryana …….Respondent Versus CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Dr. Pankaj Nanhera, Advocate and Mr. Yogesh Vashista, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana
Legal Reasoning
Mr. D.S. Matya, Advocate, for the complainant --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.185 dated 10.6.2025, under Sections 308(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (Sections 384 and 34 IPC respectively), registered at Police Station Urban Estate, Hisar. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘To-Superintendent of Police, Hisar. Subject: Regarding taking legal action against the persons demanding money by blackmail and threatening to kill on non-payment. Respected Sir, I. Sahil Agarwal S/o Vijay Kumar, resident of H. No. 698 PLA, Hisar, and for the last 4 years running a family restaurant in the name of Tamas at Sector 9/11, Hisar. About 01 month ago, some unknown person sent a false complaint against me Ashwani Kumar 2025.08.26 17:14 I attest to the accuracy and integrity of this document CRM-M No.45705 of 2025 -2- through post to around 10 departments, alleging that at my restaurant I am indulging in prostitution, illegal drug trade, illegal passing building map, illegal construction, and encroaching government land by making illegal parking. In this regard, I was called by different departments for inquiry and my statements were recorded. During this period, I came to know that in the said complaint the complainant had mentioned his address as K-Kh-G and A-B-C, and in Registered Post No. RH712935367IN he mentioned his name and address as Monu Kumar S/o Sonu Singh, resident of village Petwad, Tehsil Narnid, Hansi, District Hisar, Pin Code 125033, Mobile No. 91382-58255. Thereafter, personally tried to verify the above address, but in village Petwad no such person named Monu S/o Sonu Singh was found. Then, I tried to contact on the mobile number given in the post, but the said number was found invalid. Subsequently, on 26.05.2025, an email was received on my restaurant's from mail ID mail ID [email protected] [email protected], in which the sender wrote "If you want your complaint against Tamas to be withdrawn, then keep ₹50 lakhs ready, otherwise I will viral the complaint to all officers and journalists and defame you in entire Hisar. For the safety of yourself and your family, do not contact the police. Quietly wait for my next message otherwise you yourself will be responsible for your destruction. K-Kh-G, A-B-C." After this, on 31.05.2025, a call came on my restaurant's number 9053000633 from mobile number 99913-00026 by a person named Jitender Sheoran, which was attended by Aman, a boy working in my restaurant. The caller told Aman that "I know your restaurant and parking are illegal, either shut it down or tell your owner to come and meet me." On 02.06.2025, the said Jitender Sheoran came outside my restaurant and started making videos. On this, my restaurant employees Praveen, Deepak, Sanjeev, Somil and guard Bhagwandas went to him, but that person threatened them saying "Shut down this illegal restaurant and parking and send your owner to me" and left after giving threats. Thereafter, on 04.06.2024, Jitender Sheoran again came with some persons and women outside our restaurant and raised slogans, and threatened our staff saying "Tell your owner to meet me within two days otherwise the consequences will be very bad. After this, Jitender Sheoran uploaded the above incident videos on his Facebook ID "Jitender Sheoran." On 09.06.2025, with the collusion of journalists, Jitender Sheoran also got false and fabricated news published Ashwani Kumar 2025.08.26 17:14 I attest to the accuracy and integrity of this document CRM-M No.45705 of 2025 -3- in newspapers like Dainik Bhaskar, Dainik Jagran and 5 Bajey News, with the intention of extorting money from me, stating that "Estate Officer has visited Tamas Restaurant and directed to shut it down." However, till the news was published, neither did I receive any such direction from HSVP to shut down my restaurant, nor was any written notice received. The said person is also projecting himself as the President of RWA Sector 9/11, which is doubtful. Further, in the news it has also been mentioned that "sector residents also gathered here," which is absolutely false and incorrect. I strongly suspect that the anonymous complaints and the email demanding 50 lakhs have also been sent by Jitender Sheoran himself. Jitender Sheoran, in collusion with journalists and his associates, under a pre-planned strategy, is getting fabricated news published in newspapers to defame me and to blackmail and extort money from me. Today, Rajbir @ RV came to me and told me that he can settle this matter with Jitender Sheoran for ₹20 lakhs, and now Rajbir @ RV is repeatedly calling me and pressurizing to pay money in the name of getting a settlement done with Jitender Sheorn.’ 3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that, since complaints were being repeatedly made against the complainant before different departments, the petitioner has been falsely implicated. Learned counsel has further submitted that the investigation in the present case has already been completed and challan stands presented. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 25.8.2025 in Court, which is taken on record. 4.1 Vakalatnama has been filed on behalf of the complainant, Ashwani Kumar 2025.08.26 17:14 I attest to the accuracy and integrity of this document CRM-M No.45705 of 2025 -4- which is taken on record. Learned counsel for the complainant has opposed the grant of regular bail by iterating that the allegations leveled against the petitioner are serious in nature. He has further submitted that in case the petitioner is enlarged on bail, there is all the likelihood of the petitioner to abscond from the process of justice and interfering with the prosecution evidence. On the strength of these submissions, dismissal of the bail petition has been sought for. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 11.6.2025 wherein after investigation was carried out and challan stands presented on 30.7.2025. Total 18 prosecution witnesses have been cited and it is not in dispute that none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. As per custody certificate dated 25.8.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 months and 13 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial Ashwani Kumar 2025.08.26 17:14 I attest to the accuracy and integrity of this document CRM-M No.45705 of 2025 -5- is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. Liberty is further reserved in favour of the complainant to seek protection from the concerned Superintendent of Police. In case any such plea is raised by the complainant, the same shall be considered and Ashwani Kumar 2025.08.26 17:14 I attest to the accuracy and integrity of this document CRM-M No.45705 of 2025 -6- requisite action be taken thereupon as per law. 9. 10. Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 26.8.2025 Ashwanii Whether speaking/reasoned: Whether reportable: Yes/No Yes/No Ashwani Kumar 2025.08.26 17:14 I attest to the accuracy and integrity of this document