Allowed¶26

Ramesh v. State of Haryana

Punjab & Haryana HC21 Apr 2025CRM-M/3442/2025

Case brief

AI extract

What is this about?

Punjab & Haryana High Court Chandigarh; CRM-M-3442-2025; anticipatory bail; Section 482 BNSS 2023; conditions Section 482(2) BNSS / erstwhile Section 438(2) CrPC; FIR No.396 dt 23.09.2021 PS Kalanaur Rohtak; IPC Sections 420, 467, 468, 471 and 120B; registered sale deed 16.06.2021 purchased from Atmaram with co-vendee Sunil Kumar; alleged impersonation of vendor at execution of sale deed; co-accused Sunil Kumar interim bail vide order 13.11.2024 (Annexure P-4); petitioner joined investigation, not required for further custodial interrogation; interim order 22.01.2025 made absolute; Justice Harpreet Singh Brar; decision 21.04.2025.

What did the court decide?

Anticipatory bail granted: interim order dated 22.01.2025 made absolute, petitioner to abide by conditions of Section 482(2) BNSS, 2023 (erstwhile Section 438(2) Cr.P.C.); petition disposed of.

Ramesh Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: interim order dated 22.01.2025 made absolute, petitioner to abide by conditions of Section 482(2) BNSS, 2023 (erstwhile Section 438(2) Cr.P.C.); petition disposed of.

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Issue for consideration

Whether anticipatory bail should be granted to petitioner Ramesh under Section 482 of BNSS, 2023 in FIR No.396 dated 23.09.2021 (Police Station Kalanaur, District Rohtak), this being his second petition in the case.

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Court's answer

On the statement of learned State Counsel (on instructions from ASI Sunil Kumar) that the petitioner had joined investigation in compliance with the order dated 22.01.2025 and was not required for further custodial interrogation, the order dated 22.01.2025 was made absolute.

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Ratio / Principle

The petitioner shall abide by the terms and conditions enumerated in Section 482(2) BNSS, 2023 (Erstwhile Section 438(2) Cr.P.C.).

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Key takeaways

Nothing observed in the order shall be construed to be an expression of opinion by this Court lest it may prejudice the trial.obiter¶31
The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law.obiter¶31

Detailed headnote1 paragraphs

CRM-M-3442-2025 (High Court of Punjab and Haryana at Chandigarh; Harpreet Singh Brar, J.; decided 21.04.2025): Second petition under Section 482 BNSS, 2023 seeking anticipatory bail for Ramesh in FIR No.396 dated 23.09.2021, Police Station Kalanaur, District Rohtak, registered under Sections 420, 467, 468, 471 IPC (Section 120B IPC added later). By order dated 22.01.2025 the Court had directed the petitioner to join investigation and to be released on interim bail on arrest; on learned State counsel stating (per ASI Sunil Kumar) that the petitioner had joined investigation and was not required for further custodial interrogation, that order was made absolute, subject to the conditions of Section 482(2) BNSS, 2023 (erstwhile Section 438(2) Cr.P.C.). The Court expressly stated that nothing observed therein shall be construed as its opinion so as to prejudice the trial, and directed the trial Court to proceed on its own merits strictly in accordance with law. Petition disposed of with anticipatory bail granted.

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226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-3442-2025 Date of decision: 21.04.2025

RAMESH

...PETITIONER

V/S

STATE OF HARYANA

...RESPONDENT

CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR

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Present: Mr. Manjit Singh Gahlawat, Advo c ate for the petitioner.

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Mr. Vikas Bhardwaj, AAG, Harya n a.

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HARPREET SINGH BRAR, J. (ORAL)

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Th i s is the second petition filed un d er Section 482 of BNSS, 2023 is for grant of a nticipatory bail in a criminal c ase having FIR No.396 dated 23.09.2021 regi s tered under Sections 420, 467, 468, 471 of IPC (Section 120B of IPC added later on) at Police Station Kala n aur, District Rohtak.

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On 22.01.2025, following order w a s passed:

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“The Second p e tition has been filed by the petitioner under Section 482 of BNSS, 2023 seeking grant of anticipatory bail in a criminal case having FIR No.396 dated 23.09.2021 regist e red under Sections 420, 467, 468, 471 of IPC (Section 120 - B of IPC added later on) at Police Station Kalanaur, Distri c t Rohtak.

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Counsel for the petitioner inter alia submits that in a sense, the petitioner is also victim in the present case as he and one Sunil Kumar p urchased land from Atmaram for valuable consideration vide registered sale deed dated 16.06.2021. That later o n it was found that someone else impersonated as Atma r am at the time of execution of aforesaid sale deed. It i s further submitted that till date Atmaram has not chall e nged the said sale deed in any

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MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment

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CRM-M-3442-2025

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manner. It is further su b mitted that similarly situated coaccused/co-vendee Sunil Kumar is already given benefit of interim bail by this C o urt vide order dated 13.11.2024 (Annexure P-4). Counse l for the petitioner further submits that petitioner is ready and willing to join investigation with the police.

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Notice of motion.

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Mr. Arjun Lakha n pal, Addl.A.G., Haryana accepts notice on behalf of the S tate and submits that the present petition is not maintain a ble and further the petitioner is required by the poli c e for the purpose of proper investigation of the cas e and prays fro time to file reply with regard to maintain a bility as well as factual aspects of the case and complicity of the present petitioner.

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Needful be done by the next date of hearing. Now be listed on 2 7.03.2025.

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In the meantime, t he petitioner is hereby directed to join investigation with t h e police and in case of arrest, he is directed to be released on interim bail by the IO/Arresting Officer to his own satisfaction till the next date of hearing. The peti t ioner is to abide by the conditions as envisaged under Secti o n 482(2) of BNSS, 2023.”

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Le a rned State counsel, on instruc t ions from ASI Sunil Kumar, submits that in c ompliance of order dated 22.01.2025 passed by this Court, the petitioner has j o ined the investigation and is n o t required for further custodial interrogation.

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Ke e ping in view the statement m a de by learned State Counsel, the order dated 2 2.01.2025, is made absolute. T h e petitioner shall abide by the terms and con d itions enumerated in Section 4 82(2) BNSS, 2023 (Erstwhile Section 438(2) C r.P.C.)

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Th e petition is accordingly dispose d of.

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MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment

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CRM-M-3442-2025

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No t hing observed hereinabove s hall be construed to be an expression of o p inion by this Court lest it may p rejudice the trial. The learned trial Court is d i rected to proceed with the tria l on its own merits, strictly in accordance wit h law.

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(HARPREET SINGH BRAR) April 21, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No

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MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment

Ramesh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Ramesh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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