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2026 Supreme(Online)(P&H) 8434

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJBIR SHARMA – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rajbir Sharma ....Petitioner versus State of Haryana ....Respondent Date of Decision: February 11, 2026 Date of Uploading: February 12, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Surinder Dagar, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG Haryana.

Ms. Pallavi Babbar, Advocate for the complainant.

*****

SUMEET GOEL, J. (Oral)

Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner, in case bearing FIR No.0003 dated 06.01.2026, registered for the offences punishable under Sections 318(4), 338, 336(3) AND 340 of the BNS Act, 2023, at Police Station S.G.M. Nagar (Sanjay Gandhi Memorial nagar), District Faridabad.

2. The gravamen of the FIR in question is that Complainant, namely, Archana Goyal submitted a written complaint to the Incharge, Police Post NIT-III, Faridabad, stating that she is a social worker and had filed an RTI application seeking information regarding the educational qualifications of Rajbir (petitioner herein). However, the concerned department failed to provide complete information to her. She alleged that the documents submitted by Rajbir (petitioner herein) to his department in support of his educational qualifications are forged and fabricated. She further stated that despite seeking specific information regarding the authenticity of the said documents, the department did not furnish the same. She, therefore, requested that the documents relating to petitioner’s educational qualifications be verified and appropriate legal action be taken against him, if found forged.

3. Learned counsel for the petitioner has iterated that a bare perusal of the FIR itself shows that allegations leveled against the petitioner are concocted, improbable and devoid of any merit. Learned counsel has further iterated that the petitioner was validly issued Diploma/ mark sheet by the Indira Gandhi Institute of Technology & Management in respect of Diploma in Electrician, in the year 2011, and thereafter, the petitioner got deployed in DHVBNL, Faridabad as Assistant Lineman (ALM) from 2012 to 2023 through Shree Jee Manpower Contractors Pvt. Ltd., Faridbad. Learned counsel has further argued that, thereafter, in the year 2023, the petitioner was deployed in DHBVNL through Haryana Kaushal Rozgar Nigam Limited, in accordance with the policy of the Government of Haryana. Learned counsel has iterated that allegation of producing fake certificate/ Diploma is false and without any basis. Learned counsel has further iterated that the FIR in question was registered in the year 2025, but neither any complaint was ever made by the Department nor was there any inquiry conducted by the Department at any point of time.

3.1. Learned counsel has argued that different FIRs pertaining to same allegation were also registered against Kuldeep Singh, Rohtash and Narayan Singh by the XEN, DHBVNL. Learned counsel has further argued that Kuldeep Singh and Rohtash have been granted concession of anticipatory bail by the Hon’ble Supreme Court, whereas, Narayan Singh has been granted concession of anticipatory bail by the co-ordinate Bench of this Court, vide order dated 19.01.2026 passed in CRM-M-63741-2025.

3.2. Learned counsel asserts that the police have not conducted a fair and impartial investigation and the inquiry conducted so far is not only incomplete but also tainted with bias. Moreover, the custodial interrogation should not be used as a punitive measure and is justified only when absolutely necessary for the recovery of material evidence. Learned counsel has argued that nothing is to be recovered from the petitioner. Furthermore, the petitioner is ready to join the investigation and hence no useful purpose would be served by sending him behind the bars. On the aforesaid submissions, the grant of anticipatory bail is entreated for.

4. Per contra,

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