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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAKESH KUMAR – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.12.2025 Rakesh Kumar ....Petitioner Versus State of Haryana ....Respondent CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Amit Chaudhary, Advocate for the petitioner.
Ms. Shaveta Sanghi, DAG, Haryana.
Ms. Prabhjot Kaur, Advocate for the complainant.
*****
RUPINDERJIT CHAHAL, J (ORAL)
1. Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.456 dated 07.09.2025 registered under Sections 420 and 406 of IPC, at Police Station City Sirsa, District Sirsa.
2. Brief facts as per the case of the prosecution are that the petitioner along with other co-accused, under a pre-planned conspiracy, duped the complainant for a sum of Rs.45 lakhs, on the pretext of securing an HCS job for his son-Jaiveer. Hence, the present FIR.
3. Learn
The legislative intent behind Section 438 of the Code of Criminal Procedure emphasizes the delicate balance between safeguarding personal liberty and protecting societal interests, and the court's di....
The court denied anticipatory bail due to serious allegations of cheating, emphasizing the need for custodial interrogation in economic offences to protect societal interest and ensure effective inve....
Anticipatory bail should be granted sparingly, especially in cases of economic offences, and the delicate balance between personal liberty and societal interest must be maintained.
Anticipatory bail under Section 438 Cr.P.C is an exceptional remedy, not to be granted in cases involving serious allegations of fraud requiring custodial investigation.
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