Disposed

Krishan Kalra and Anr. v. State of Haryana

Punjab & Haryana HC8 Oct 2024CRM-M/50661/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a cheating FIR where allegations were primarily against co-accused Hardik. Court found the dispute prima facie civil in nature and granted anticipatory bail, conditioned on joining investigation and compliance with Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail granted; release on furnishing bonds upon arrest, subject to joining investigation.

Krishan Kalra and Anr. Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2024)

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S. No.103

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-50661 of 2024 Date of Decision:08.10.2024 Krishan Kalra @ Krishan Kalra and another .....Pe00oners Vs. State of Haryana .....Respondent

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. Parminder Walia, Advocate for the pe��oners. ****

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DEEPAK GUPTA, J. (Oral)

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By way of present pe��on filed under Sec�on 482 of Bhara�ya Nagrik Suraksha Sanhita, 2023 (for short, `the BNSS’) (old Sec�on 438 Cr.P.C.), pe��oner prays for grant of an�cipatory bail in case FIR No.0245 dated 28.08.2024 registered under Sec�on 316(2) of the BNSS registered at Police Sta�on Civil Line Sonipat, District Sonipat.

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FIR was lodged on the complaint of Rajiv Dhawan as per which he was running “Dhawan Mobile Shop” at Sonipat. Hardik (co-accused) is also running a Mobile Shop. It was alleged that Hardik had good rela�ons with the complainant and both of them had business dealings for a long �me. Hardik had won trust of the complainant and under the allurement, complainant kept on giving him goods worth �45 lakhs at different �me period and another amount of �5 lakhs was given to him through cash. It was alleged further that an amount of �50,17,130/- was never returned by Hardik and rather he used to come with different persons of his family such as mother Renu Kalra and father Kishan Singh Kalra (present pe��oners). It was alleged that this way, the complainant had been cheated by Hardik and his family members.

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It is contended by learned counsel for the pe��oner that the pe��oner has been falsely implicated; that no specific role is aAributed to him; that there was no money transac�on between the complainant and the present pe��oners and that whatever money transac�on were there, the same were between complainant and co-

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RENU 2024.10.08 15:05 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-50661 of 2024 -2-

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accused Hardik and that the dispute is of purely of civil nature. Learned counsel also contends that the pe��oners are ready to join the inves�ga�on.

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No�ce of mo�on.

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Mr. R.K.S. Brar, Addl. AG, Haryana, accepts no�ce on behalf of the respondent- State. It is not disputed by learned State Counsel that all the allega�ons are against co-accused Hardik. The only conten�on raised by learned State Counsel is that some of the amount was transferred by Hardik in the account of the pe��oners.

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Prima-facie, the dispute apepars to be of civil nature. All the allega�ons made by the complainant are against co-accused Hardik.

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Having no�ced the afore-said facts and circumstances of the case, but without commen�ng upon merits of the case, the present pe��on is allowed. The pe��oners are granted concession of an�cipatory bail. It is directed that in case of their arrest, the pe��oners shall be released on bail by the Inves�ga�ng Officer subject to their furnishing bail bonds/ surety bonds to the sa�sfac�on of Inves�ga�ng Officer. However, it is subject to the condi�on that the pe��oners shall join the inves�ga�on as and when so required by the Inves�ga�ng Officer. They shall further comply with the condi�ons s�pulated in Sec�on 438(2) Cr.P.C.

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However, in case pe��oners fails to co-operate in the inves�ga�on, the respondent- State will be at liberty to approach this Court for cancella�on of bail.

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9. Disposed of.

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October 08, 2024		( DEEPAK GUPTA )
renu		JUDGE
Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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RENU 2024.10.08 15:05 I attest to the accuracy and integrity of this document Chandigarh

Krishan Kalra and Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Krishan Kalra and Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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