High Court of Punjab and HaryanaCRM-M/23871/2026allowed

Nathi Alias Neeraj v. State Of Haryana

2026-05-26Mr. Justice N.S. Shekhawat5 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:26.05.2026 Nathi @ Neeraj

...Petitioner

Vs.

State of Haryana

...Respondent

Coram :

Hon'ble Mr. Justice N.S.Shekhawat Present :

Mr. Sushil Dhull, Advocate with Mr. Kapil Gupta, Advocate for the petitioner.

Mr. Parmod Kumar, AAG, Haryana.

*** N.S.Shekhawat J. (Oral) 1.

The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.329, dated 10.12.2017, registered under Sections 420, 467, 468, 471 of IPC {318(4), 338, 336(3), 340 (2) of B.N.S,2023 at Police Station City Narwana, District Jind (Annexure P-1).

The F.I.R in the present case was registered on the basis of the statement made by Somveer son of Telu Ram and the same has been reproduced below:- Subject: Application for taking action against Nathi @ Neeraj, son of Ramkumar, resident of Railway Colony, Ward No. 2, Narwana, Tehsil Narwana, Mobile No. 7052633530, regarding embezzlement of Rs. 6,23,000/-in the name of getting a job as a ticket collector in the Railways, giving a fake appointment letter for a job in the

-2 Railways and threatening to kill him and for protection. Sir, the following application is presented before you:

1. That the applicant is a resident of Hanuman Nagar, Narwana, and is a respectable and peace-loving person.

2. That the accused, Nathi @ Neeraj was acquainted with me, who told me that his relatives were employed in high positions in the Railways, and that he had influence in the Railways, and that he would get the applicant appointed to the post of ticket collector in the Railways. For which he demanded Rs. 7,00,000/-.That on date 18.10.2016, the accused demanded Rs. 24,000/- in exchange for getting the documents file prepared for the job, which the applicant deposited in the accused's account number 3460660813 in Central Bank of India, Narwana on 19.10.2016. After which, on 15.03.2017, the accused took Rs. 5,50,000/- from my house in presence of Harvinder Singh, son of Jagtar Singh, r/o Narwana, Tehsil Narwana, after which the paper was also taken in April 2017 at Sagar Resort, Jind. There were many other boys and girls who were present in the paper, whom the applicant does not know. After a few days, the accused called me for medical examination at a chemist shop located on Railway Road near SBI Jind. He called a doctor there and got my medical done.

4. It is that after this, the accused demanded Rs. 49,000/- in lieu of giving me an appointment letter, which I deposited in the said account of the accused on 18.05.17. After which the accused gave me an appointment letter, which when verified, was found to be fake. After which complainant demanded the money from the accused but the accused threatened to kill him and said that I intended to cheat you, so I have done it and I will not return any money.

5. It is that the accused cheated and defrauded the complainant and if complainant had known about the intentions of the accused

-3 earlier, he would have not talked with the accused about getting a job, the appointment letter is attached.

6 It is that I had earlier given an application in this regard on 13.08.2017, which came to Narwana City Police Station for action, but the police did not take any proper action against the accused after meeting him and did not listen to me, instead they wrote that this is only a case of money transaction dispute, whereas this case is of sheer fraud and forgery. Therefore, it is necessary to get this case investigated by an honest senior officer so that the applicant can get justice. Hence, by submitting a reminder application, I request that the said amount be recovered from the accused and I should be protected and this matter should be investigated by a higher officer and I should be given justice. 3.

Learned counsel for the petitioner contends that the petitioner had not accepting any amount from the complainant and has been falsely involved in the present case. Even, during the course of investigation, no incriminating evidence was collected against him. Apart from that, the petitioner was wrongly declared as a proclaimed offender in the present case, without following the mandatory procedure prescribed by law. The petitioner was arrested in the present case on 25.01.2026 and is in custody for the last about four months. Even, the challan has been presented against him and he is not in a position to tamper with the prosecution evidence. 4.

On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court.

-4 5.

I have heard the learned counsel for the parties and perused the record carefully.

No doubt, the allegations levelled against the petitioner are serious in nature and one point of time he was declared as a proclaimed offender, but now the petitioner continues to be in custody since last four months. Even, the challan has been presented before the Trial Court and the custody of the petitioner will not serve any meaningful purpose. 7.

Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority.

(ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case.

(iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned.

(iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect.

(v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court.

-5 (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously.

(vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. (viii) The petitioner shall report on every 1st Monday of English calender month to the concerned SHO till the conclusion of the trial and SHO shall mark his presence by making an entry in the Rojnamcha.

In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard.

(N.S.SHEKHAWAT) 26.05.2026 JUDGE hitesh Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No