Harish v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 23.03.2026 HARISH .....PETITIONER

VERSUS

STATE OF HARYANA .....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present:

Mr. Baljeet Beniwal, Advocate, and Mr. Sachin Tanwar, Advocate, for the petitioner.

Mr. Parveen Kumar Aggarwal, Addl. AG, Haryana. Mr. Surinder Dagar, Advocate, for Mr. Devender Kumar, Advocate, for the complainant.

SANJAY VASHISTH , J (ORAL) 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:- Name & FIR No.

Date Section(s) Police Station District age of Petitioner (s) Harish, aged about 32 years 07.02.2025 108 of BNS Rozka Meo Nuh 2.

After hearing the submissions addressed by counsel for the petitioner, on 05.05.2025, following order was passed:- "2.

Notice of motion.

3.

On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State.

4.

Though, it is not mentioned in the detailed version of FIR that writing on the said wall/floor was found to be there naming the accused having been written with ink, colour or any other substance, yet learned State counsel submits that during the course of investigation, name of the accused was found to be written on wall/floor by the brick piece.

5.

To apprise the Court as to how writing would be proved by the prosecution being the same written by the deceased - Mahendra, learned State counsel prays for grant of some time.

6.

List again on 20.05.2025.

7.

Till the next date of hearing, petitioner shall not be arrested. However, issue of joining of investigation of the petitioner would be examined on the next date of hearing."

3.

Deceased in the present case is Mahendra, who was related as mama of the present petitioner. Complainant - Narveer is brother of deceased - Mahendra, who got registered the FIR by alleging as under:- "To, the SHO Sir, Police Station Rozkamev District Nuh. Sir, I am Narveer S/o Baliram, my brother Mahendra S/o Baliram, who is a resident of village Kaliaka, Nuh Mewat. On 6/2/2025 at around 4 pm he left home saying that he was going to the fields. When he did not return home in the evening, at about 7 pm we went out to see him in the fields, the village and around. As Mahendra S/o Baliram had to go for his duty in the evening, then while looking in the fields, Sunny S/o Narveer saw in a room built there that Mahendra was hanging.

Seeing this, Sunny took his bike towards the house and informed at home, after which I, Narveer S/o Baliram reached there and saw that my brother Mahendra was hanging with a rope, and we saw that it was written on the floor and wall, the numbers of all three are in my phone, they forced me to do this, they are still asking for Rs. 35790/-. I gave Harish total money in cash. Diksha Gupta, Gurgaon, Sector 26, Lane 10, I have Rs. 2 crore 23 lakh. Priti Goyal has an Aadhaar card and PAN card address in my phone. Money was transferred to Ajay's account.

the body of the deceased with them in the ambulance and kept it in the mortuary in their and our presence. You are requested to take action against the above culprits as soon as possible and give us proper justice. The culprits should be arrested as soon as possible. Today, I have presented the application to you in Government Hospital Nuh. Date- 7/2/2025. Thank you -SD- Applicant Narveer S/O Baliram Village Kaliaka, Nuh Mewat.

Mo.- 9350436047, 9812666925."....Police Proceedings." 4.

Counsel for the petitioner submits that, apart from the alleged monetary dispute referred in the FIR and writing of Mahendra (since deceased) found on the wall, there is no other incriminating evidence against the petitioner, till date.

It is further submitted that writing on the wall stated that "three persons compelled him to commit suicide and their phone numbers are in his mobile."

5.

During the course of investigation, a diary was recovered from the house of the deceased and has been sent to the FSL; however, the report is still awaited.

6.

Learned counsel for the petitioner contends that from the aforesaid wall writing, no definite inference can be drawn as to whether the amount in question was being demanded by the named persons, namely Diksha Gupta, Preeti Goel, and Ajay Thakur, or whether it was payable by the deceased to them.

7.

It is further submitted that, from the allegations and material collected during the investigation, it appears that the deceased was under immense financial stress due to heavy debts, and merely being asked to repay amounts borrowed from various persons cannot, by itself, amount to abetment of suicide.

8.

Counsel further submits that there is nothing in the FIR to suggest that immediately prior to the commission of suicide, petitioner exerted any pressure, made any demand, or played any active role so as to constitute abetment.

9.

On the other hand, learned State counsel as well as counsel for the complainant submit that custodial interrogation of the petitioner is necessary to unearth the truth. Thus, pray for dismissal of the present petition.

10.

Having regard to the allegations and possibility of financial transactions between the petitioner, other persons, and deceased, the questions as to whether any demand was raised by the petitioner without any subsisting debt, or whether such demand pertained to repayment of previously borrowed amounts, are matters which require adjudication during trial, along with other surrounding circumstances, including whether there was any continuous threat or conduct amounting to abetment on the part of the petitioner and other co-accused. 11.

Since the allegations, at this stage, remain indeterminate, investigation is still in progress, and the FSL report is yet to be received, this Court does not find any substantial reason to subject the petitioner for custodial interrogation, at this stage.

12.

Accordingly, present petition is disposed of, by directing the petitioner to join the investigation within two weeks from today, or as and when called by the investigating agency, and in the eventuality of the arrest, petitioner would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The

petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 13.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 14.

With the directions as recorded here above, present petition stands disposed of.

(SANJAY VASHISTH) 23.03.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No