IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

212 Date of decision: 10.11.2025 Pawan Kumar ... Petitioner Vs.

State of Haryana and another ... Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Adarsh Jain, Advocate, for the petitioner.

Ms. Himani Arora, DAG, Haryana, for the respondent-State.

Mr. Vinay Kumar Pandey, Advocate, for the complainant.

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MANISHA BATRA, J. (Oral)

1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in the FIR mentioned below:-

FIR No. Dated Police Station Sections

64 31.01.2025 Shahabad, District120-B, 420, 465, 466, Kurukshetra 467, 468 and 471 of IPC

2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on receipt of a complaint submitted by complainant Sanjeev Kumar and forwarded by Deputy Commissioner, Kurukshetra against the present petitioner elected as Sarpanch of Gram Panchayat Kharindwa, District Kurukshetra alleging that the petitioner while contesting the election for the post of Sarpanch had submitted his Matriculation examination certificate and mark-sheet which were infact false and fabricated documents as he had not cleared the Matriculation examination. It was also alleged that he had also submitted an affidavit taking false pleas and had got himself elected as a Sarpanch by defrauding and cheating the Government. It was also informed that an inquiry was conducted by the office of Deputy Commissioner and as the petitioner could not prove the genuineness of his Matriculation examination mark-sheet, he was ordered to be removed from the post of Sarpanch with immediate effect. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner filed an application for grant of anticipatory bail which was dismissed by the Court of learned Additional Sessions Judge, Kurukshetra vide order dated 09.04.2025.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The dispute is of civil nature which has been given a criminal colour. A false complaint has been lodged due to rivalry. No proper inquiry was conducted before his removal from the post of Sarpanch and before registration of FIR. In response to an RTI application filed by him, the CBSE has reported that mark-sheet of petitioner is genuine. The complainant was offended with the petitioner who had got an FIR No.288 dated 28.05.2018 registered against the complainant. The subject offences are triable by Magistrate. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. The case is based on documentary evidence. It is, therefore, urged that the petition deserves to be allowed.

4. Reply has been filed. Learned Deputy Advocate General, Haryana assisted by learned counsel for the complainant has argued that the allegations against the petitioner are serious in nature who on the basis of forged and fabricated documents got himself elected for the post of Sarpanch in Village Kharindwa. The documents as submitted by the petitioner had been verified and his mark-sheet has not been issued by CBSE, Panchkula. The petitioner has even produced fabricated documents before this Court to show that an intimation has been given on the basis of RTI information that certificate was genuine. Thorough and proper investigation is required to be conducted in the matter. The petitioner had even tried to hoodwink this Court as well on the basis of false documents. It is, therefore, urged that he does not deserve to be given discretionary relief of anticipatory bail.

5. This Court has considered the rival submissions.

6. The petitioner is alleged to have used a forged and fabricated mark-sheet for the purpose of his election as a Village Sarpanch to show that he was a Matriculate whereas accordin