Allowed¶21

Ashwani Kumar v. State of Punjab

Anticipatory bail – S.482 BNSS, 2023

Punjab & Haryana HC1 Jul 2025CRM-M/16750/2025

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What is this about?

Anticipatory bail; Section 482 BNSS 2023; Section 438(2) Cr.P.C.; FIR No.05 dated 09.03.2017; Police Station Vigilance Bureau Jalandhar Range; Sections 409 419 420 465 467 468 471 120-B IPC; Sections 13(1) 13(2) Prevention of Corruption Act 1988; fabricated/forged mortgage deed 2014; coaccused Kirpal Singh; implication after 8 years; joined investigation and cooperated; interim bail dated 26.03.2025 made absolute; CRM-M-16750-2025; Manjari Nehru Kaul; High Court of Punjab and Haryana; decision 01.07.2025.

What did the court decide?

Concession of anticipatory bail confirmed; interim order dated 26.03.2025 made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023. ¶21

Ashwani Kumar Vs State of Punjab — Corruption | Punjab & Haryana HC (2025)

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203/2. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-16750-2025 Date of decision: 01.07.2025

Ashwani K u mar

.... Petitioner

Versus

State of Pu n jab

.... Respondent

CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present: Mr. Vivek K. Thakur, Advoca t e, for the petitioner.

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Mr. Amit Rana, Senior DAG, P unjab with SI Kewal Singh. -----

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MANJARI NEHRU KAUL, J. (ORAL)

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The petitioner is seeking the c oncession of anticipatory bail , under Secti o n 482 of BNSS, 2023, in cas e FIR No.05, dated 09.03.2017 , under Sect i ons 409, 419, 420, 465, 467, 468, 471, 120-B of IPC an d Sections 13(1), 13(2) of Prevention of Co r ruption Act, 1988, registered a t Police Stati o n Vigilance Bureau, Jalandhar R ange, Jalandhar.

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On the last date of hearing i.e . 26.03.2025, while noticing th e following s u bmissions made by the learne d counsel for the petitioner, thi s Court had g ranted the concession of interi m bail to the petitioner and aske d him to join i nvestigation:-

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“Learned counsel for t h e petitioner inter alia contend s that the petitioner was neithe r named in the FIR in questio n (annexed as Annexure P-1) n o r was there any role, much les s specific, attributed to him in the alleged crime i.e. o f fabricating and forging docu m ents, on the basis of which, a s many as 99 loans from t h e bank were raised FRO M 01.05.2013 TO 30.04.2016. It h as been argued by the learned

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SANJEEV KUMAR 2025.07.02 08:29 I attest to the accuracy and integrity of this document

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CRM-M-16750-2025 - 2 -

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counsel that initially two persons namely Ambika Devi and Anita were challaned, however, now the petitioner was being implicated after 8 years of the registration of the FIR in question for allegedly attesting some fabricated mortgage deed way back in the year 2014, which was entered into by the coaccused Kirpal Singh and the bank. It has been argued by the learned counsel that it is not even the case of the prosecution that any person had impersonated said Kirpal Singh or the bank officials. Rather, the parties to the alleged fabricated mortgage deed had been rightly identified by the petitioner.”

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Learned counsel for the petitioner submits that in compliance

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of order dated 26.03.2025, petitioner has joined investigation and cooperated with the investigating agency.

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Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

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In view of the above, the petition is allowed and interim order dated 26.03.2025, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

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(MANJARI NEHRU KAUL) JUDGE

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July 01, 2025 sanjeev Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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SANJEEV KUMAR 2025.07.02 08:29 I attest to the accuracy and integrity of this document

Ashwani Kumar v. State of Punjab

Case brief

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Ashwani Kumar v. State of Punjab

Case brief

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