Nirmal Kumar v. State Of Haryana
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At the outset, learned counsel for the petitioner relies upon the orders passed by this Court and by the Coordinate Benches,
appended as Annexures P 8 to P 11 (pertaining to both anticipat Annexures P 8 to P 11 ory and regular bail matters), wherein co
accused of the petitioner have already been granted the concession of bail.
3.
To claim parity, learned counsel submits that the petitioner's case is squarely covered by the order dated 02.02.2 order dated 02.02.2024 order dated 02.02.2024, passed in CRM
M 024 CRM M64412 2023 (O&M), titled as "Devender Pal Singh v. State of Haryana" (Annexure P 8), as the petitioner herein was also an erstwhile Director of the Company, namely M/s Karambhoomi Real Estate Limited, from which he resigned in the year 2014. It is further submitted that the offences alleged in the FIR are punishable with imprisonment up to seven years. The petitioner is ready and willing to join investigation, if protected from arrest. Accordingly, he prays for grant of concession of anticipatory bail.
4.
Notice of motion.
5.
On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report by verifying the submissions addressed by the petitioner's counsel.
6.
At this stage, Mr. Rahul Yadav, Advocate, puts in appearance on behalf of the complainant and files his memo of appearance. He undertakes to file his Vakalatnama in due course of time.
7.
Adjourned to 10.02.2026 10.02.2026 10.02.2026. 8.
In the meanwhile, the petitioner is directed to join the 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 be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
9.
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. 10.
To be heard along with CRM M 15458 2024 CRM M
15458 2024 CRM M 15458 2024. "
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"10. That co accused Devender Pal Singh was joined in the investigation of the case, in pursuance of the order dated 30.12.2023 passed by this Hon'ble Court as passed in CRM M 64412 of 2023. He was notionally arrested. He was interrogated. However, he had not co operated with the investigation of the case and had not facilitated the recovery of the embezzled amount. Further he had not disclosed about the complicity of the other persons in the commission of the present crime. The investigation against the co accused Devender Pal Singh is still pending. True translated reproduction of the disclosure statement of co accused Devender Pal Singh is being appended to along with the present affidavit as Annexure R2.
11.
That as per investigation, the prime accused Manoj Sengar and Devender Pal Singh were the key functionaries of the Company floated by them. They had induced innocent people to part with their hard earned money and had embezzled the same.
The accused Manoj Sengar, who had been arrested during the course of the investigation of the case, had duly disclosed the complicity of co accused Devender Pal Singh and Rajni Singh as well. Rajni had also been associated with the investigation of the case on 23.10.2025 and 26.10.2025. She was interrogated with regards to the allegations levelled against her, having been on interim anticipatory bail. The interrogation report of the said Rajni Singh is being appended to along with the present affidavit as Annexure R3.
12. That the petitioner happens to be the named accused in the FIR. As per the record, collected during the course of investigation, the petitioner happens to be director in the company and had played a pivotal role in the commission of the crime and innocent persons had been duped. The petitioner was privy to the commission of the crime complained off in the FIR. Being director of the bogus company, the petitioner had was to receive 35% share out of the proceeds of the profit. This fact is evident from the list of the promotors,submitted to the Registrar of Companies, Kanpur, by the Directors of the company. The copy of the said list is being appended to along with the present affidavit as Annexure R4. The company had opened branches in various cities involving several persons.
From the amount collected by the company, Manoj Kumar Sengar had purchased property in the name of the Company in his own name and in the name of co accused Devener Pal and Rajeshwari. The Company had assured handsome return on maturity of the investment; however, the Company never returned the money upon maturity. The money had been utilized in purchasing properties and catering to the personal expenses by the accused persons."
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