Rajesh Alias Raja Manmohan vs. State Of Haryana

Held

The Court held that the allegations against the petitioner were serious in nature. It was established that the petitioner was the main accused and beneficiary, having allegedly registered a fake firm, R.S. Enterprises, and received crores of rupees by submitting fake bills for materials not supplied. The court noted that the petitioner's real name is Raja Manmohan Singh, and he allegedly used the fake name 'Rajesh' to register the firm and open a bank account. A significant sum of Rs. 15,57,400/- was transferred from the firm's account to the petitioner's personal account. Furthermore, the petitioner was found to possess two PAN cards, one in his own name and another under the fake name. The court emphasized that essential evidence, including fake quotations, stamps, computers, laptops, and printers used for preparing fraudulent documents, was yet to be recovered. Custodial interrogation was deemed essential to elicit the modus operandi. The court reasoned that granting anticipatory bail at this stage would hinder the investigation and that the petitioner was unlikely to cooperate fully under such protection. Therefore, the court concluded that the petitioner did not deserve anticipatory bail.

Facts

The petitioner, Rajesh alias Raja Manmohan, sought anticipatory bail in FIR No. 127 dated 25.07.2025, registered under Sections 409, 420, 467, 468, and 471 of the IPC at Police Station Sector 07 Panchkula. The FIR was based on an anonymous complaint alleging significant corruption by Rohtash, a former Caretaker at the police headquarters. The complaint detailed the creation of a fake firm, R.S. Enterprises, in the name of the petitioner's wife or a relative, which allegedly lacked a valid GST number. This firm was used to draw bills worth crores of rupees through manipulated tenders and fake quotations. The investigation revealed that approximately Rs. 25 Crores were drawn from April to December 2020, and Rs. 50 Crores from January to August 2021, primarily in the name of R.S. Enterprises. The petitioner's bank account showed a transfer of Rs. 15,57,400/- from R.S. Enterprises. Further investigation indicated the petitioner possessed two PAN cards, one in his name and another in the name of Rajesh.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS, 2023, considering the allegations of creating a fake firm (R.S. Enterprises), submitting bogus bills, and embezzling crores of rupees from the police department? Petitioner's Arguments: The petitioner contended that he was not named in the FIR, had no prior criminal antecedents, and was falsely implicated due to jealousy among co-employees. He claimed no exchange of money or property occurred and that the main accused, Rohtash, had been granted anticipatory bail, placing his case on a better footing. He asserted his custodial interrogation was unnecessary, he was ready to join the investigation, and sought the benefit of anticipatory bail. Respondent's (State of Haryana) Arguments: The State opposed the bail, arguing the petitioner was the main accused and beneficiary. They alleged he registered a fake firm, received crores on false pretenses, did not deposit GST, and caused loss to the exchequer. The State highlighted the use of a fake name (Rajesh) for the firm and the possession of two PAN cards. They emphasized that crucial evidence, including fake quotations, stamps, and computers, was yet to be recovered, making custodial interrogation essential to understand the modus operandi. The State argued that granting anticipatory bail would hamper the investigation.