IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Upkar @ Upkar Singh ....Petitioner V/s State of Haryana ....Respondent Date of decision: 23.04.2026 Date of Uploading : 24.04.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Amardeep Sheoran, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG Haryana.

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SUMEET GOEL, J. (Oral)

1. 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.64 dated 23.03.2026, registered for the offences punishable under Sections 316(2), 318(4), and 61(2) of BNS, 2023, at Police Station Kosola, District Rewari.

2. The FIR in question has been registered on the basis of a written complaint made by Ankur son of Shri Kishori Lal. As per the allegations in the complaint, the complainant is employed as a Senior Manager in the HR Department of Fulkawa Minda Electric Pvt. Ltd. and is conversant with the transactions pertaining to the company. It has been alleged that on 13.03.2026, a consignment comprising 3500 kilograms of plastic granules (1500 kg PBT and 2000 kg POM) was received by the complainant company from Furukawa Sangyo, Gurugram, vide invoice No. FSK125-26 TAX 0254. On the same day, the said material was dispatched to KFI, Plot No. 38, Phase-II, Sector-05, through vehicle bearing registration No. HR55AE0686 driven by Praveen, along with delivery challan No. 90000539 and e-way bill No. 392207170276. Subsequently, on 16.03.2026, the complainant company was informed by an employee of KFI that the aforesaid consignment had not been received. Upon inquiry, the driver Praveen appeared before the complainant on 18.03.2026 and disclosed that, on the instructions of co-accused persons, the consignment had been diverted and offloaded at a scrap shop owned by one Punit situated at Bawal. It was further revealed that the goods were thereafter sold to a firm namely Prime Trade Solution. It has been further disclosed that the misappropriated material was allegedly reintroduced into the supply chain through manipulated transactions. Furthermore, the Prime Trade Solution supplied 2000 kg of POM to the complainant company on 14.03.2026 vide Invoice No. 016 which was then forwarded to KFI through delivery challan No. 90000540. Similarly, 1800 kg of PBT was supplied by Prime Trade Solution on 16.03.2026 vide Invoice No. 017 and was again sent to KFI through delivery challan No. 90000541. This sequence of transactions, as per the complainant, was part of a fraudulent scheme used by the accused persons to misappropriate the original consignment and conceal the same through circular trading. On the basis of the aforesaid allegations, it has been alleged that the driver Praveen, along with co-accused Shyam, Upkar (petitioner herein), Punit and Pankaj (owner of Prime Trade Solution), acted in conspiracy and committed fraud and criminal breach of trust with the complainant company. On these set of allegations, the FIR in question has been registered and investigation ensued.

3. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question with an ulterior motive to harass and humiliate him. Learned counsel has further iterated that the petitioner has no direct role whatsoever in the alleged incident and has been roped in only on the basis of suspicion and conjectures. It has been further contended that the petitioner was not named in the initial complaint and his alleged involvement has surfaced only during the course of investigation on the basis of disclosure statements of co- accused persons which has no evidentiary value in the eyes of law. According to learned counsel, the entire prosecution case solely rests upon hearsay statement(s) without any independent corroboration which can link the petitioner to the alleged misappropriation. It has been further contended that the petitioner