Naipal Singh vs. State Of Haryana
Facts
The petitioner, Naipal Singh, sought anticipatory bail in FIR No. 190 dated March 26, 2024, registered at Police Station Mujesar, Faridabad, under Sections 420, 406, and 120B of the Indian Penal Code. The complainant alleged that he purchased a CNC EDM SPRINTCUT AC machine from the petitioner for Rs. 21,24,000/- (including GST). The machine was financed by Siemens Company. The petitioner allegedly took the full payment to clear the loan but instead cancelled the loan on a second machine and kept the loan on the purchased machine active. The petitioner is accused of hatching a conspiracy with co-accused Jitender and Siddharth to cheat the complainant. The petitioner claims no prior criminal antecedents.
Held
The Court granted anticipatory bail to the petitioner. The Court reasoned that while the evidence might be prima facie sufficient to launch prosecution, it was analyzing the case for the stage of anticipatory bail. The Court found that the allegations, even when analyzed prima facie, did not justify custodial interrogation or pre-trial incarceration at this stage. The Court emphasized that pre-trial incarceration should not be a replica of post-conviction sentencing. Therefore, the petitioner made a case for bail, subject to compliance with specified terms and conditions, including joining the investigation within seven days of the order's upload and cooperating fully. The Court explicitly stated that its observations were not an expression of opinion on the merits of the case.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the allegations of cheating and criminal conspiracy? The petitioner argued that pre-trial incarceration would cause irreversible injustice and sought bail with stringent conditions. The State and the complainant opposed the bail, referring to the status report which detailed the petitioner's alleged role in receiving payment for a machine, failing to clear its loan, and subsequently threatening the complainant. The State contended that serious and specific allegations were made against the petitioner, making him disentitled to relief.
Sections Cited
Section 438 CrPC, Section 420 IPC, Section 406 IPC, Section 120B IPC, Section 27 Indian Evidence Act, Section 23 BSA
AI-generated summary — verify with the full judgment below
CRM-M-35830-2024 207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35830-2024 Date of Decision: 21.04.2025 Naipal Singh ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. B.S. Tewatia, Advocate for the petitioner. Ms. Harpreet Kaur, A.A.G., Haryana. Mr. Bhupinder Ghangas, Advocate for the complainant. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 190 26.03.2024 Mujessar, Faridabad 420, 406, 120-B IPC
The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC, seeking anticipatory bail.
In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.
The facts and allegations are being taken from the status report filed by the State, which reads as follows:
“2. That brief facts of the case are that a complaint No.876/CP/D dated 20.11.2023 was received in the Police Station Mujesar, Faridabad from the office of Deputy Commissioner of Police, NIT Faridabad wherein complainant Arun Kumar son of Rajender Singh Saini, resident of Village Jharsa, District Gurugram alleged that he had purchased a mac
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.