Punjab and Haryana High Court

CRM-M/31950/2026 of SAHTAB AND OTHERS Vs STATE OF HARYANA on 23 July 2026

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THE PUNJAB AND HARYANA HIGH COURT AT 206 Sahtab and others State of Haryana CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: SHALINI SINGH NAGPAL 1. No.124 dated Police Station Partap Nagar, petition for 2. order was CRM-M-31950-2026 (O&M) IN THE PUNJAB AND HARYANA HIGH COURT AT

CRM

IN

Sahtab an

State of H

CORAM:

Present:

SHALINI

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1. No.124 da Police Sta petition fo

2. order was M-M-31950-2026 (O&M) N THE PUNJAB AND HARYA CHANDIGA

CRM Da nd others

V/S Haryana

: HON'BLE MS. JUSTICE SH Mr. Gaurav Vir Singh Behl, A Mr. Sagar Bansal, Advocate f Ms. Kanica Sachdeva, DAG, Mr. Namit Khurana, Advocat **** I SINGH NAGPAL J. (Oral) Petitioners seek anticipatory ated 27.08.2025, under Sections ation Partap Nagar, District Ya or anticipatory bail. While issuing notice of mo passed:- “ Petitioners seek ant dated 27.08.2025 under S haratiya Nyaya Sanhita, 202 District Yamuna Nagar. T anticipatory bail. Complainant Raj Ku proprietor of M/s Gurbani R Yamuna Nagar alleged that h

ANA HIGH COURT AT ARH M-M-31950-2026 (O&M) ate of decision: 23.07.2026

…Petitioners S

…Respondent HALINI SINGH NAGPAL Advocate and for the petitioners. Haryana. te for the complainant.

bail in case arising out of FIR s 316(2), 318(4), 3(5) of BNS, amuna Nagar. This is the first otion on 03.06.2026, following ticipatory bail in FIR No. 124 Sections 316(2), 318(4), 3(5) 23, Police Station Partap Nagar, This is the first petition for umari wife of Ashok Walia, Rice Mill, Pratap Nagar, District her son Anupam Walia managed

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M-M-31950-2026 (O&M) the firm with her. The 3 accu Rashid were real brothers wh 10 years as Foremen i Pratapnagar/Khizrabad. They over the past few years. Acc provided labour to various they themselves were enga various rice mills. In Octobe and her son that they had take rent/contract from its ow 31.07.2025. They requested h stock which they would, in Uttar Pradesh and Uttrakhand their assurance, they supplied mill and accused purchase Despite repeated requests, aforementioned amount. Late their family members had con M/s Shri Shyam Rice Mill. T and their family members which was pending. Accused the payment whereupon they No.1 Rashid issued postda 14.07.2025 for Rs.50,20,440 post-dated cheque No.108 Rs.35,03,360/- and accused N cheque No.127700 dated 14 the account of Gurbani Rice deposit sufficient amount in cheques may be presented. U the cheques was got stoppe asked for money, they kept p used namely Naved, Sahtab and ho had been working for the past in different Rice Mills at y earned reputation of honesty cused and their family members rice mills in Paratapnagar and aged in purchasing rice from er 2024, they represented to her ken M/s Shri Shyam Rice Mill on wners, from 01.10.2024 to her and her son to sell their rice turn, sell to various traders in d and pay them a good price. On ed rice to the accused from their ed rice worth Rs.99,20,180/-. accused failed to pay up the ter, she learnt that accused and nspired to defraud the owners of The case was filed against them at Pratapnagar Police Station, d were again requested to make y asked for some time. Accused ated cheque No.000015 dated 0/-, accused No.2 Naved issued 08878 dated 14.07.2025 for No.3 Sahatab issued a post-dated 4.07.2025 for Rs.13,96,380/- on e Mill assuring that they would in the account after which the Under a conspiracy, payment of ed. When accused were again postponing the matter and later

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M-M-31950-2026 (O&M) extended threats to kill them cheated of Rs.99,20,180/-. Learned counsel for petitioners were in the busin Naved and his brother had b Sharma. Petitioners had been from the complainant, which in this regard, various ag 15.10.2021, Annexure P2 d dated 02.08.2022, Annexure P5 dated 14.10.2022 were ex were given to the complaina agreement Annexure P2 and with said Gagan Sharma, co cheques. Fake and fabricated prepared to foist false cases regard, petitioners moved rep Annexure P12 to Superintend Nagar on 23.07.2025 and Annexure P13, the matter wa per settlement, complainant filed against the petitioners No.108878, 00015 and 12770 resolved and also agreed to re were, however not returned. of the receiver were missing. Negotiable Instruments Act, the petitioners with respect entire story regarding supply the FIR was false and petition to join investigation, deserved bail.

m. Thus, she and her son were the petitioners submits that iness of crops which petitioner been selling crops to one Gagan n taking various sums of money h they returned with interest and greements Annexure P1 dated dated 02.08.2022, Annexure P3 P4 dated 16.09.2022, Annexure xecuted. The cheques in question nant as security cheques, as per d Annexure P3. In connivance omplainant misused the security d bills of Gurbani Rice Mill were s against the petitioners. In this presentations Annexure P11 and ndent of Police, District Yamuna 31.7.2025. Subsequently, vide as settled between the parties. As t agreed to withdraw all cases regarding bouncing of cheque 70 as the disputes were amicably return the cheques. The cheques, In all the 3 bills, the signatures . Proceedings under Section 138 1881 were also initiated against t to the security cheques. The y of rice worth Rs.99,20,180/- in ners who were ready and willing ed the concession of anticipatory

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3. V petitioners investigati

4. Police, Ya taken on re Officer-PS opposed th complaina investigati M-M-31950-2026 (O&M) Learned State Counse anticipatory bail on the groun of allegations against the p counsel for the complainan compromise was ever execute petitioners and the alleged fabricated. In the facts an petitioners are directed Investigating/Arresting Offic one week or as and when arrest, the Investigating/Arre petitioners on interim ant personal/surety bonds to his/ shall also abide by the condit 482(2) of Bharatiya Nagar 2023. State is directed to file

Vide order dated 03.06.2026 s were granted interim bail ion. Status report by way of affida amuna Nagar-II has been filed by ecord. Learned State counsel on SI Rajat and assisted by learned he anticipatory bail on the groun ant of large sums of money ion and recovery of money was y el has opposed the prayer for nd of serious and specific nature petitioners. Assisted by learned ant, he submits that no such ted between the complainant and d compromise was false and nd circumstances of the case, d to appear before the cer and join investigation within required. In the event of their esting Officer shall release the nticipatory bail on furnishing /her satisfaction. The petitioners tions as envisaged under Section rik Suraksha Sanhita (BNSS), status report on 23.07.2026.” 6 passed by this Court, the and were directed to join avit of Deputy Superintendent of y learned State counsel, which is n instructions from Investigating counsel for the complainant has nd that petitioners had duped the y, they did not cooperate in yet to be effected.

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5. of this Cou not expec withdrawa investigati respond t incriminat appearing of anticip commentin granting i subject to Suraksha S of the petit

23.07.2026 Kapil M-M-31950-2026 (O&M)

Petitioners have joined urt dated 03.06.2026. An accus cted to incriminate himself und al of the interim protection gran ion is to make oneself availabl to interrogation and not to ting information and material before the Investigating Agency patory bail. In the circumstan ng on merits, the petition is allow interim anticipatory bail to the the conditions laid down in Sec Sanhita (BNSS), 2023 with an ad tioners shall be retained by the In

Whether Speaking/Reasoned Whether Reportable :

d investigation pursuant to order sed while joining investigation is der threat that State may seek nted to him. Purpose of joining le to the Investigating Agency, o compulsorily divulge self-

l. Conduct of the petitioners y entitles them to the concession nces of the case, but without wed and order dated 03.06.2026, e petitioners, is made absolute, ction 482(2) of Bharatiya Nagrik dditional condition that passport nvestigating Officer. (SHALINI SINGH NAGPAL) JUDGE d :

Yes/No

Yes/No

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