Naresh Kumar v. State Of Haryana

CRM-M No.61793 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.61793 of 2025 Date of decision : 12.1.2026 Date of uploading : 13.1.2026 Naresh Kumar .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Dr. Pankaj Nanhera, Senior Advocate with Mr. Rahul Gautam, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.25 dated 5.9.2025 under Sections 7 of Prevention of Corruption Act (Section 13(1)B and 13(2) of PC Act added later on), registered at Police Station ACB, Faridabad, Anti Corruption Bureau, Haryana.

2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- 'To, The SHO POLICE STATION Inspector Corruption Bureau Faridabad. Sir it is submitted that I complainant Gopal Siani s/o Shri Diwan Chand Saiani r/o House No.617 Jagdish Colony Ballabhgarh. I along with the owner of Mahalaxmi firm namely Agrasain Sharma have taken 4 liquor vends at Ashoka Enclave, Jatt Chowk, Bajrang Chowk and

CRM-M No.61793 of 2025 -2village Malerna. Along with them two other liquor vends namely of Scotch Tap also have taken along with the owner Pawan Kumar at Ucha Gao and Malerna Road. Out of the above, three shops (Ashoka Enclave Malerna Village and Shahpura Jaat) have been taken from the HUDA Department Sector 12 Faridabad on rent. From the past one and a half months 1 have taken the above three liquor vends from HUDA Department on rent. Apart from them three liquor vends (Bajrang Chowk Uncha Gao and Malerna Road) I have taken shops on rent and I am running the liquor vends. I had a talk with Naresh Kumar JE HUDA who is posted at Sector 12 Faridabad, who had issued me notice for removing my two liquor vends (Shahpura Jaat and Malerna) as the same were falling on the green belt.

Upon this I had a talk with Naresh Kumar JE HUDA and he demanded an amount of Rs. 3,00,000/- for not demolishing his shops. Upon the bribe money not being paid, resultantly on 19.08.2025 Naresh Kumar JE HUDA demolished my 2 liquor vends (Shahpura Jaat and Malerna village). Thereafter Naresh Kumar JE used to meet me at my liquor vend time and again for putting pressure on me by saying that the liquor vends you have at Ashoka Enclave and Uncha Gao, they will not be demolished. He demanded that 3,00,000/- per shop may be paid to him. He further said that he had taken 3.15-3.15 from other shop keepers. Naresh Kumar JE had put pressure on me and upon which I said that I have to talk to my partner. Thereafter Naresh JE demanded Rs. 5,00,000/- as bribe and said that after that he would not come to our shop. On dated 03.09.

2025 Naresh Kumar JE called me near Sector 12 Patrol Pump, where he demanded Rs. 6,00,000/- as bribe for not demolishing my two liquor vends. Upon my request he reduced the amount to Rs. 5,00,000/-. Naresh Kumar JE on 03.09.2025 took Rs. 50,000/- as advance, which I recorded in my recorder. Yesterday on 04.09.2025 I went to HUDA Office Faridabad, where Naresh Kumar JE was not found present. I made a call from my mobile to Naresh Kumar JE, upon which he told me that he was at Sector 19 Faridabad on duty. He further asked me that next day I should come with the complete amount outside his office, the recording of this talk was made by me. Which I can present later on. Today Naresh Kumar JE Hooda Department had called me for the balance Rs. 4,50,000/-. I do not want to pay any bribe to Naresh Kumar JE Hooda.

I do not have any relation of give and take with Naresh Kumar JE. Nor I have any enmity with him.

CRM-M No.61793 of 2025 -3Saini s/o Late Shri Diwan Chand Sainin house no. 617 Jagdish Colony Ballabhgarh, Faridabad. Dated 05.09.2025. Today the investigating officer along with his team in Government vehicle Xcent No. HR12GV9822 Government Private Gypsy vehicle was at the office of Satyapal Singh Vakil in the tax department of Excise and Printing, in front of the government duty office at Service Road Sector 2 Ballabhgarh District Faridabad. The complainant was told that Shri Gopal Saini S/o Shri Diwan Chand Saini R/o Makan No. 617, Jagdish Colony Ballabhgarh District Faridabad is a resident. The investigating officer, along with the complainant, went to the office of Shri Satyapal Singh Vakil and got the complainant to write a written complaint against Naresh Kumar JE Hudda Sector 12.

The investigating officer informed the senior officers. The investigating officer prepared a raiding party consisting of ASI Gujjar No. 438/PWL, HC Charan Jeet 387/MWT, HC Yudhvir No. 1753/SPT, HC Sonu Singh 686/FBD, EHC Pritam Singh 2076/FBD, Si0 Bhomvir No 2917/GGM. Due to shortage of time, the complainant was asked for an amount of Rs 1,50,000/- to Rs 0 to prepare fake currency notes. As per the instructions of senior officials, Shri Ankit Bhardwaj XEN, FMDA, Faridabad was informed on mobile and a government employee along with him was told to reach the office of Shri Satyapal Singh Advocate.

After some time, Shri Ankit Bhardwaj XEN came along with Shri Ankit Chaudhary JE, FMDA Faridabad, who was informed about the situation and thereafter Shri Ankit Bhardwaj XEN, as a gazetted officer and Shri Amit Chaudhary as a shadow witness introduced into the raiding party and they were introduced with the complainant. I inspector in the presence of Gazetted officer and shadow witness ask the complainant to produce the bribe money, upon which the complainant produced 300 notes of 500 denomination. The inventory of all the notes was prepared. I inspector have laced the notes with Phenolphthalein powder on the above notes and thereafter I gave the bribe money along with the recorder and mobile of the complainant.

The complaint was read over and after hearing the recording in the recorder an offence under Section 7 of PC Act has been found to have been committed thereafter the FIR was registered and was forwarded to the police station.'

3.

Learned senior counsel for the petitioner has argued that the petitioner is in custody since 6.9.2025. Learned senior counsel has further

CRM-M No.61793 of 2025 -4argued that the petitioner has been falsely implicated into the FIR in question as the petitioner had got demolished two liquor vends of the complainant-side. Learned senior counsel has further submitted that, in any case, the investigation qua the FIR already stands complete and challan stands presented, culmination of the trial will take long. Thus, regular bail is prayed for.

4.

Learned State counsel has filed reply by way of affidavit of Surender Kumar, HPS, Deputy Superintendent of Police Station Vigilance, Anti Corruption Bureau, Faridabad Range, Faridabad in Court today, which is taken on record. Raising submissions in tandem with the said reply, learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 10.1.2026 in Court, which is taken on record.

5.

I have heard counsel for the parties and have gone through the available records of the case.

6.

The petitioner was arrested on 6.9.2025 wherein after investigation was carried out and challan stands presented on 17.10.2025. Total 16 prosecution witnesses have been cited but none has been examined till date. It is also not in dispute before this Court that requisite sanction has yet not been received. Culmination of trial, in case occasion so arises, will take long time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon

CRM-M No.61793 of 2025 -5during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6.1 As per custody certificate dated 10.1.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 4 months and 6 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial. 8.

In case of breach of any of the aforesaid conditions and those

CRM-M No.61793 of 2025 -6which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

9.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL) JUDGE 12.1.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No