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2025 Supreme(P&H) 1324

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Rohtash – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.K.Garg Narwana, Sr. Advocate with Mr. Vishal Garg Narwana, Advocate and Mr. Nitin Sachdeva, Advocate
For the Respondent: Mr. Vikas Bharadwaj, AAG, Haryana.

JUDGMENT :

Harpreet Singh Brar, J. (Oral) :

The present petition has been preferred under Section 482 of the Bharatiya Nagarik Surakksha Sanhita, 2023 (hereinafter 'BNSS') seeking grant of anticipatory bail in the case stemming from FIR No.400 dated 31.12.2024 registered under Sections 316(2) and 318(4) of the Bharatiya Nyay Sanhita, 2023(hereinafter 'BNS') at Police Station Urban Estate, Hisar.

2. Briefly, the facts are that the petitioner transferred his gold loan of Rs. 15,04,715/- from Fed Bank to the company- Capri Global Capital Ltd., Hisar. The company transferred the said amount to the petitioner's account. However, the petitioner got his gold released from Fed Bank but failed to deposit it with the complainant's company. The petitioner has neither returned the loan amount disbursed to him, nor did he deposit the gold with them.

3. On 22.01.2025, the following order was passed:

XXX XXX XXX

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. S

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