← Library
High Court of Punjab and HaryanaCRM-M/56735/2025allowed

Kuldeep Alias Billu v. State Of Haryana

2026-01-12Mr. Justice Sanjay Vashisth4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 12.01.2026 KULDEEP ALIAS BILLU ......Petitioner

Versus

STATE OF HARYANA ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Eknoor Kaur Sara, Advocate, for the petitioner. Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

**** SANJAY VASHISTH, J.

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 of Petitioner (s) FIR No.

Date Section(s) Police Station District Kuldeep @ Billu, aged about 32 years 10.09.2025 308(2), 308(5), 351(2), 127(2), 61(2), 238(b) and 61 of BNS Kaithal City Kaithal 2.

On 09.10.2025, following order was passed:- "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 of Petitioner (s) FIR No.

Date Section(s) Police Station District Kuldeep @ Billu, aged about 32 years 10.09.2025 308(2), 308(5), 351(2) and 61 of BNS Kaithal City Kaithal

2.

The petitioner is accused of two things: first, charging excessive rate of interest @ 10 % pe month. Second, there was an agreement to sell, executed by the complainant in June, 2025 in favour of one Abhishek. However, it is alleged that this agreement was executed under coercion and pressure.

3.

Learned counsel for the petitioner argued that, in fact, the core issue is a commercial dispute regarding advancement of a loan. He further contends that complainant has deliberately misrepresented the civil matter as a criminal case simply to pressurize the petitioner and evade the financial liability of the loan. Learned counsel submits that all the allegations are required to be examined with the help of documentary evidence and for the same, custodial interrogation would not serve any meaningful purpose. He further submits that the petitioner is ready to join investigation and to fully cooperate, if protected from arrest.

4.

Notice of motion.

5.

On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, accepts notice on behalf of the respondent State and seeks some time to file status report in the matter.

6.

List on 12.01.2026.

7.

In the meanwhile, the petitioner is directed to join investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

8.

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.

9.

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

3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 09.10.2025, passed by this Court, petitioner has joined the investigation, and has fully

co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4.

On the other hand, learned State counsel has filed status report dated 07.01.2026 in the Court today and the same is taken on record.

5.

Learned State counsel has fairly concedes the issue concerning the petitioner's request to join the investigation. In this regard, he refers to paragraph Nos.10 and 11 of the status report, which are reproduced below:- "10.

That on 23.10.2025, the petitioner Kuldeep @ Billu, after obtaining interim protection from the Hon'ble High Court, joined the investigation. During investigation, he voluntarily made a disclosure statement without any coercion or inducement. Pursuant to his disclosure statement, the petitioner got recovered two blank cheques, which had been forcibly obtained from the complainant's family under threat and pressure. The said cheques were taken into police possession vide a proper recovery memo, duly attested by witnesses. The petitioner also identified the place near Vishwakarma Chowk, Kaithal, where the complainant's brother Deepak was illegally confined and threatened. The cheques are annexed as Annexure-R-2 and R3.

11.

That as per the Hon'ble Court's order the petitioner was inquired about the status of his passport who gave an affidavit that he does not have any passport."

6.

Learned State Counsel further submits that, since the two blank cheques have already been recovered, custodial interrogation of the petitioner is not required for the purpose of investigation, as of now. 7.

Heard learned counsel for the parties.

8.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated

09.10.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 9.

Accordingly, petition stands disposed of.

10.

However, present order would be subject to the submission of his passport to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he/she would submit an affidavit, disclosing the fact that he does not possess any passport (if already not given).

It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 12.01.2026 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO