Ram Murti Yadav v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 273 24.06.2024 Palam Vihar, Dis+. 420, 467, 468, 471 IPC Gurugram

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 438 of CrPC, seeking an!cipatory bail.

¶2In paragraph 5 (E) of the bail pe!!on, theoaccusedohasotheofollowingocriminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta/on

¶1170 24.06.2024 420, 467, 471, 120-B IPC Sector-4, Gurgaon

¶3The facts and allega!ons are being taken from the reply dated 22-10-2024, filed by the State, which reads as follows: "3. That the back drop of the instant ma:er is that on 24.06.2024, a telephonic message through Chief Minister flying squad Gurugram Haryana was received to the effect that they along with RTA Gurugram team had apprehended a person in a room built on Delhi Road near Kataria Chowk, who was making fake receipts of toll tax and MCD parking. On the basis of this informa/on, police team had reached at the spot where Traffic Sub Inspector Sanjeev Kumar along with Inspector Suresh Chand, SI Satbir of flying squad team met them and presented a complaint. It was alleged in the complaint that he was posted in the office order/judgment. 1 of District Transport Officer, Gurugram and on that day, he had received an informa/on from the office of Chief Minister's Flying Squad, Gurugram that a person named Shubham Yadav was making fake receipts of passenger tax of Haryana and other states and fake receipts of airport parking, hotel parking, Toll Tax and other parking charges through computer and 10/- per receipt was given to the customers and taxi drivers which they misused. On that basis raid was conducted at the above address where a person was found working on the computer in a room. On asking the name and address, he disclosed his name as Shubham Yadav S/o Kanhiya Lal R/o Village Shivgarh Mitai, P.S. Ramgarh, Dis: Partapgarh, UP. A large number of car parking and toll tax slips were recovered from the spot. On inquiry, Shubham Yadav told that he prepared the said parking and toll tax receipts and passengers tax receipts of Haryana and other state through computer for Rs.10/- per receipt and gave the collected cash amount to Ram Mur/ R/o UP. On checking of computer, large number of parking/airport parking fake /cket formats and tax receipts of Haryana and other states were found, and on taking prints, same were found fake. Legal ac/on was sought and accordingly, the abovemen/oned FIR was registered and inves/ga/ons were taken up in the ma:er."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

¶5The State's counsel opposes bail and refers to the reply.

¶6It would be appropriate to refer to the following por!ons of the reply dated

22.10.2024, which read as follows: "8. That the pe//oner is the prime accused and the mastermind behind the crime. The pe//oner had recruited accused Shubham Yadav for the commission of crime. He had set up the en/re opera/on, provided computers and equipment to accused Shubham. The offences are serious in nature involving systema/c fraud. The pe//oner is a habitual offender and apart from the present case, his complicity has also been found involved in another criminal case bearing FIR No. 170 dated 24.06.2024 registered at PS: Sector 40 for commission of offences punishable under Sec/on 420, 467, 471, 120B of IPC. order/judgment. 2

¶9That the circumstances warrant custodial interroga/on of the pe//oner not only to effect recoveries of the embezzled amount, but also for ascertaining the modus operandi and the source of forged bills."

¶7It would also be appropriate to refer to the following por!ons of the reply dated 09-01-2025, which read as follows: "5. That the pe//oner is the prime accused and the mastermind behind the crime. The pe//oner had recruited accused Shubham Yadav for the commission of crime. He had set up the en/re opera/on, provided computers and equipment to accused Shubham. The offences are serious in nature involving organized fraud.

¶6That the pe//oner is a habitual offender and apart from the present case, his complicity has also been found involved in another criminal case bearing FIR No.170 dated 24.06.2024 registered at P.S. Sector 40 for commission of offences punishable under Sec/ons 420, 467, 471, 120B of IPC."

¶8Although, pe!!oner is the prime suspect, who had used a minor to commit the offence but the quality of evidence collected against the pe!!oner !ll date is in the shape of disclosure statement. Despite pe!!oner joining inves!ga!on, the police failed to collect that evidence which may be prima facie legally admissible. Thus, this Court cannot send the pe!!oner to custodial interroga!on to fish evidence in the given facts, as such, despite criminal history the pe!!oner cannot be denied the an!cipatory bail.

¶9Pre-trial incarcera!on should not be a replica of post-convic!on sentencing. The evidence might be prima facie sufficient to launch prosecu!on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an!cipatory bail. An analysis of the above does not jus!fy custodial interroga!on or pre-trial incarcera!on.

¶10Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons and the other factors peculiar to this case, there would be no jus!fiability for custodial interroga!on or the pre-trial incarcera!on at this stage. Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail. This order shall come into force from the !me it is uploaded on this Court's official order/judgment. 3

¶11Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on an!cipatory bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the Arres!ng Officer, and if the ma+er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Officer/Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶12While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the a+es!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13This order is subject to the pe!!oner's complying with the following terms.

¶14The pe//oner is directed to join the inves/ga/on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves/gator. The pe!!oner shall be in deemed custody for Sec!on 27 of the Indian Evidence Act, 1872/ Sec!on 23 of BSA, 2023. The pe!!oner shall join the inves!ga!on as and when called by the Inves!ga!ng Officer or any Superior Officer and shall cooperate with the inves!ga!on at all further stages as required. In the event of failure to do so, the prosecu!on will be open to seeking cancella!on of the bail. During the inves!ga!on, the pe!!oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶15The pe!!oner shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶16In case the Inves!gator/Officer-In-Charge of the concerned Police Sta!on arraigns another sec!on of any penal offense in this FIR, and if the new sec!on prescribes a maximum sentence that is not greater than the sec!ons men!oned above, then this bail order shall be deemed to have also been passed for the newly added sec!on(s). However, suppose the newly inserted sec!ons prescribe a sentence order/judgment. 4 exceeding the maximum sentence prescribed in the sec!ons men!oned above; then, in that case, the Inves!gator/Officer-In-Charge shall give the pe!!oner no!ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶17This bail is condi#onal, and the founda#onal condi#on is that if the pe##oner indulges in any non-bailable offense, the State shall file an applica#on for cancella#on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶18Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶19A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oner can download this order along with case status from the official web page of this Court and a+est it to be a true copy. If the a+es!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for a+es!ng bonds.

¶20Pe//on allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

24.01.2025 Jyo/-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 16.01.2025 Pronounced on: 24.01.2025 Ram Mur! Yadav ...Pe!!oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Pranshul Dhull, Advocate for the pe!!oner. Ms. Harpreet Kaur, AAG, Haryana. ****