Dismissed

Atul Jain v. State of Haryana

Punjab & Haryana HC3 Jul 2025CRM-M/8979/2025

Case brief

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What is this about?

The High Court of Punjab and Haryana disposed of a petition for anticipatory bail filed under Section 482 of the BNSS, 2023. The Court held that no cause of action survives as both the petitioner and the complainant had been arrested in the underlying case.

What did the court decide?

The petition for anticipatory bail was disposed of as no cause of action survived due to the arrest of both the petitioner and the complainant.

Atul Jain Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2025)

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CRM-M-8979-2025 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-8979-2025 (O&M) Date of decision: 03.07.2025

Atul Jain

… Petitioner Versus

State of Haryana

… Respondents

CORAM: HON’BLE MR. JUSTICE SANJAY VASHISTH

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Present: Mr. Randeep S. Dhull, Advocate, for the petitioner.

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Mr. Dharam Pal, AAG, Haryana. *******

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SANJAY VASHISTH, J. (ORAL)

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In the instant petition, on 17.02.2025, the following order was

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passed:

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“1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

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Name & age of Petitioner(s)	FIR No.	Date	Section(s)	Police Station	District
Atul Jain, aged about	182	01.08. 2024	120-B, 420, 467, 468,	Industrial Area	Bhiwani
41years			471 of IPC

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2. Learned counsel for the petitioner, inter alia, contends that the allegation levelled by the complainant - Rahul is that for getting job in Indian Council for Agriculture Research, New Delhi, he paid an amount of Rs.10 lacs to the accused persons and for that purpose, an

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RAJAN KUMAR 2025.07.05 15:47 I am approving this document

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CRM-M-8979-2025 (O&M)

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amount of Rs.2 lacs was paid to the present petitioner in cash.

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Counsel for the petitioner further submits that thereafter, co-accused Surender Singh handed over the appointment letter, identity card and salary slip to the complainant, which later on were found forged document.

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3. Counsel for the petitioner further argues that as per the decision taken in the Panchayat proceedings, an amount of Rs.2 lacs has been paid by the present petitioner and only Rs.3 lacs is yet to be paid.

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As per the allegations, it is evident that the complainant attempted to obtain job by paying bribe to the accused persons.

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4. Notice of motion.

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5. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts an appearance on behalf of the respondent/State.

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6. Be it a case of cheating, forgery or corruption, it is obligatory over the investigating agency too, to examine the complainant before it, and then to proceed against the defaulters, whosoever is found involved in the crime.

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7. Without making any observations, Superintendent of Police, Bhiwani, is hereby directed to examine the facts of the case in its entirety, and then to proceed in accordance with law.

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8. Let a report be also filed before this Court on the next date of hearing.

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9. List again on 17.03.2025.

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10. To be taken up at 2.00 P.M.”

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After filing of the status report by the State, on 30.04.2025, the

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following order was recorded:

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RAJAN KUMAR 2025.07.05 15:47 I am approving this document

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CRM-M-8979-2025 (O&M)

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“i) From paragraph No.9 of status report dated 31.03.2025, which is in the shape of affidavit of Nitish Agarwal, IPS, Superintendent of Police, Bhiwani, it is noticed that a month back Special Investigation Team (SIT) was constituted under the supervision of DSP, Bhiwani-II, to conduct further investigation into the case, including examining the role of the complainant.

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ii) It is necessary to remind the deponent, who filed the status report that in the order dated 17.02.2025, the Superintendent of Police, Bhiwani, was specifically directed to examine the facts of the case in its entirety and then to proceed in accordance with law. Neither, in the affidavit it is made clear that he himself has examined the culpability, if any, of the complainant; nor anything fresh has been addressed before this Court about the outcome of the investigation vis a vis the complainant in FIR, if any, filed by SIT.

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It would not be out of place to mention here that in the complaint, complainant himself has admitted of paying the amount for the purpose of getting job in the Indian Council for Agriculture Research, New Delhi.

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Let copy of this order be forwarded to the Superintendent of Police, Bhiwani and then to apprise the outcome of the investigation, as has been projected in the Status report.

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iv) List on 15.05.2025.

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v) To be shown in the urgent list.”

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Today, the Court is informed that the petitioner as well as the complainant have been arrested in the present case. Therefore, nothing substantive survives in this petition.

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RAJAN KUMAR 2025.07.05 15:47 I am approving this document

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CRM-M-8979-2025 (O&M)

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In view of the aforementioned circumstances, no cause of action survives in the instant petition filed for anticipatory bail, and the same is disposed of accordingly.

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( Sanjay Vashisth ) Judge

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03.07.2025

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Rajan

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Whether speaking / reasoned: Yes/No Whether Reportable: Yes/No

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RAJAN KUMAR 2025.07.05 15:47 I am approving this document

Atul Jain v. State of Haryana

Case brief

What is this about?

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Atul Jain v. State of Haryana

Case brief

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