IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.09.2025 Rohtash @ Rohit Sharma ....Petitioner V/s State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Neeraj Jain, Advocate for the petitioner.

Mr. Tarun Aggarwal, Additional Advocate General, Haryana.

Mr. R.K. Samyal, Advocate for the complainant.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.80 dated 07.02.2023, under Sections 406, 420 and 120-B of IPC and Section 3 of the Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 (added later on) registered at Police Station Thanesar Sadar, District Kurukshetra.

2. On 25.04.2023, the following order was passed:-

“Present petition has been filed under Section 438 of CEPC praying for grant of anticipatory bail to the petitioner in case bearing FIR No 0080 dated 07.02.2023 registered under Sections 406, 420, 120-B of the Indian Penal Code and Section 3 of Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 (added later on) at Police Station Thanesan Sadar. District Kurukshetra.

Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case as he is nowhere connected with the present FIR. Learned counsel further contends that a total amount of Rs.7,27,700/- (Rs.2,27,700+5,00,000/-) was admittedly received in the petitioner’s account on behalf of Ankur Mittal, on 04.02.2022, which has been stated to be refunded back to the same amount, which belongs to one Rahul, after 2-3 days of the said transaction. Learned counsel further contends that Shilpa Mittal i.e. wife of Ankur Mittal, who’s account details were mentioned in the FIR has been granted interim anticipatory bail by this Court vide order dated 13.03.2023 passed in CRM-M-11253-2023. Learned counsel further submits that nothing is to be recovered from the petitioner and he is ready to join the investigation.

Notice of motion.

Mr. Karan Garg, AAG Haryana, who is present in the Court, accepts notice on the asking of the Court and seeks time to file reply/status report.

Adjourned to 18.05.2023.

Meanwhile, arrest of the petitioner shall remain stayed, till the next date of hearing.”

3. Thereafter, on 22.05.2024, the following order was passed in the connected case i.e. CRM-27224-2023:

“On 31.05.2023, a Coordinate Bench of this Court, while issuing notice of motion. had noticed the following submissions made by the learned Senior counsel appearing for the petitioner: -

“Learned counsel for the petitioner submits that the alleged payments have been duly transferred in the accounts of the complainants.”

Thereafter, on 02.06.2023, it was ordered that no coercive steps shall be taken against the petitioner.

At the outset, learned State counsel, on instructions from ASI Surinder, has informed the Court that the FIR in question was registered at the instance of complainant-Sohan Lal. The complainant-Sohan Lal had explicitly stated in his statement under Section 161 Cr.P.C. that he had transferred Rs.10 lakhs to the petitioners through bank transactions, which amount has since been returned to him and that too, via bank transactions.

When a pointed query was put to the learned State counsel about the total amount transferred to the petitioners via bank transactions, the learned State counsel, on instructions, informed the Court that as per the complainant- Sohan Lal, amount to the tune of approximately Rs.10 lakhs had been transferred through the bank. The remaining amount of approximately Rs.97 lakhs had been allegedly given to the accused in cash. Learned State counsel has submitted that on the previous date of hearing i.e. 02.05.2024, it had been erroneously noted that an amount of Rs. 47 lakhs, in addition to Rs.2 crores, was paid in cash to the accused.

Learned State counsel has further submitted that as on date, since all the amount tran