IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (207)

Date of decision 13.10.2025 Sanjay …... Petitioner V/s State of Haryana ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Ashwani Bhardwaj, Advocate, for the petitioner.

Mr. Viney Phogat, DAG, Haryana.

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JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 482 of BNSS, 2023 is for the grant of anticipatory bail to the petitioner in case FIR No.14 dated 01.05.2025 under Sections 308(2), 238(a) of BNS, 2023 and Section 7 of the Prevention of Corruption Act, 1988 registered at Police Station ACB, Gurugram, Haryana.

2. The present FIR came to be registered at the instance of Madan Lal and reads as under:-

To the Inspector Anti-corruption Bureau, Rewari, it is requested that I Madan Lal son of Shri Ram Kumar, am permanent resident of village Surehli Tehsil and Police Station Kosli, District Rewari. I am retired from B.S.F. in the year 2020 as Head Constable. We are three brothers. Eldest is Mahavir, younger than him is me and youngest is Hoshiar Singh. That Hoshiar Singh is blind from eyes and is unmarried. He is living with me only, we all three brothers are having an old house in the village. Amid its partition on dated 07.02.2025 brawl had occurred between us, in this brawl me and my brother Hoshiar Singh had sustained injuries. Son of my brother Mahavir namely Dinesh and his wife Sharmila had quarrelled with us and Sharmila had lodged an FIR No.32 dated 08.02.2025 under section 115, 126, 333, 3(5), 351(3) BNS at Police Station Kosli. In this case me and my brother Hoshiar Singh had visited Police Post Nahar and got our Police bail granted. And name of my wife Sharda Devi was also in this case, that Incharge of Police Pot Nahar namely Sanjay ASI told me that if you have to get name of your wife Sharda removed from this case then you have to pay me Rs.50,000/-. Otherwise your wife shall be arrested. That I made arrangement of Rs.50,000/- and had given to Sanjay ASI. Because me and my wife are Kidney patients. Kidney of both of us has been transplanted. Therefore, I paid Rs. 50,000/- to Sanjay ASI. I did not want to pay Rupees to bribe taker policemen as bribe. But being scared with the arrest of my wife I had to give. On dated 14.02.2025 I went to Police Post Nahar and met Sanjay ASI and asked about removing name of my wife from the case then Sanjay ASI said that the officers have refused to remove the name of your wife from the case. Therefore, I cannot remove the name of your wife from the case. I can accept Police bail. Money which you have given has since been received by me. I had done recording of this fact in my mobile phone. Which I had put in a pen drive which I am producing to you. In this regard I have filed applications earlier also. That application submitted by me is correct. Sanjay ASI had put pressure upon me not to file a case. Therefore, amid pressure I had recorded my statement regarding not initiating any proceedings. But after thinking substantially I want to initiate action against this corrupt employee. I do not have any grudge with Sanjay ASI. Nor do I know him before. On dated 25.03.2025 I had gone to Rewari to engage counsel for my case. Where Sanjay ASI met me he took my mobile phone make Samsung M-30 Black-Blue coloured in which SIM Number 9315034213 was inserted. He took my phone and took my phone took out its SIM and gave it to me and went away while taking my phone. On dated 26.03.2025 Sanjay ASI gave my phone to me, I checked the phone then data plate were removed from the Phone. In which entire data of my phone was destroyed. I am producing the same to you. Action may be initiated against bribe taker Sanjay ASI. Dated

01.05.2025. Sd/- Madan Lal.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He has nothing to do with FIR No.32 dated 08.02.2025 under Sections 351(3), 333, 3(5), 126, 115 of BNS, 2023, Police Station Kosli, Di