IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sumeet Goel, J.
Hargulal – Petitioner
Versus
State of Haryana – Respondent
CRM-M-60934-2025
Decided On : 13-01-2026
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, 2023 in FIR No.0022 dated 12.08.2025, registered for offences punishable under Sections 7, 2, 13(1)(a) read with 13(2) of the Prevention of Corruption Act, 1988 and Sections 471, 468, 467, 420, 409, 406, 218, 201, 167, 166, 120-B of IPC at Police Station ACB, Faridabad, District Anti Corruption Bureau, Faridabad.
2. The present FIR arises during investigation of earlier FIR No. 11 dated 24.03.2022 at PS SV ACB Faridabad, wherein it was found that 08 fake work orders related to laying of interlocking tiles on the berm of RMC Road at Mohana Road, Ballabgarh were fraudulently prepared in the name of Satbir Singh, Contractor, on 27.11.2018. It has been alleged that the original estimates of these works, totaling about Rs.40,06,000/-, were illegally revised within 20 days on 08.12.2018 to about Rs.07.63 crores by officials of Municipal Corporation Faridabad (MCF) in connivance with the contractor. Payments were released even though no such work orders were ever officially issued and no work was actually executed. Furthermore, verification of the dispatch register and records of other MCF divisions confirmed that these work orders were forged and dispatch numbers were fake. The fake work orders were processed and payments were approved by MCF officials, including Executive Engineer Prem Raj Singh, Superintendent Vinod Kumar, OIA Vishal Kaushik, RSA Naveen Kumar, Joint Director Audit Hargulal (petitioner herein), Smt. Sashi Arya, Clerk Naveen Ratra, and others, who abused his official position. It has been further alleged that the aforesaid accused officials, in conspiracy with contractor Satbir Singh, caused a wrongful loss of Rs. 7,63,08,007/-to the Government exchequer and wrongful gain to the contractor. Accordingly, the instant has been registered and investigation ensued.
3. Learned senior counsel for the petitioner has iterated that the petitioner has been falsely implicated into the present FIR and the same was been registered on the basis of a motivated and mala fide complaint. Learned senior counsel has further iterated that there are no specific or direct allegations against the petitioner attributing any overt act or criminal intent. Learned senior counsel submits that the petitioner was posted in the Audit Branch of Municipal Corporation, Faridabad and had no role in issuance of work orders, enhancement of estimates, execution of work or measurement thereof. According to learned senior counsel, the role of the petitioner was purely procedural in nature and limited to audit scrutiny of bills already passed by the Engineering Department. Furthermore, the allegations of conspiracy are stated to be baseless as the bills were generated in December 2018 and payments were made only in July 2019 after completion of all the procedural formalities. Learned senior counsel has emphasized that the present FIR is barred in law as multiple FIRs have been registered in respect of the same transaction and same set of work orders which amounts to abuse of process of law. Learned senior counsel has asserted that the petitioner has already been granted the concession of anticipatory bail in the earlier FIRs on identical allegations and there is no justification for the custodial interrogation as the entire case is based on documentary evidence already in possession of the investigating agency. Learned senior counsel has asserted that the petitioner shall fully cooperate with the investigation agency is willing to join the investigation as and when require, shall not tamper with evidence or influence any witness and shall abide by all the conditions imposed in case he is enlarged on pre-arrest bail. On strength of these submissions, the grant of concession of anticipatory bail is entreated for.
4. Per contra, learned State counsel has opposed the grant of anticipatory bail to the petiti
The main legal point established in the judgment is the exceptional nature of anticipatory bail, the delicate balance between individual liberty and the requirements of a thorough investigation, and ....
Anticipatory bail in corruption cases requires exceptional circumstances; mere presumption of innocence is insufficient against the need for public justice.
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