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Judgment
25 paragraphs · 576 wordsSandeep Moudgil, J
CRM-53322-2025
Application is allowed as prayed for.
Exemption from filing the certified copies of Impugned order dated 24.12.2025 and Annexures P-1 to P-7, is granted.
Prayer
The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 356 dated 15.11.2025 under Sections 338, 336(3), 340, 318(4), 316(2) and 61 of BNS, 2023 registered at Police Station Kheripul, District Faridabad.
2 Contention
On behalf of the petitioner
At the outset, learned Senior Counsel for the petitioner submits that the petitioner is ready and willing to return an amount of ₹6,90,000/- by way of demand draft in favour of the complainant, namely Ajay Garg, which was transferred to the petitioner’s account by her husband, within a period of two weeks.
Notice of motion.
On behalf of the State/complainant
On the asking of Court, Ms. Ruchi Sekhri, Addl. AG. Haryana, accepts notice on behalf of respondent/State, whereas Mr. Kunal Dawar, Senior Advocate with Mr. Saurav Bajaj, Advocate has put in appearance on behalf of complainant.
Learned counsel appearing on behalf of the complainant endorsed no objection, in case the present petition is allowed and petitioner is admitted on bail.
Learned State submits that in the light of above undertaking made by learned counsel for the petitioner, custodial interrogation of the petitioner is not required.
Analysis
Be that as it may, having given due consideration to the submissions advanced, and particularly in view of the fact that there is no other impediment against the petitioner necessitating her custodial interrogation, in view of the statement made on behalf of the petitioner, this Court is of the considered opinion that the present petition deserves to be allowed.
Relief:-
Accordingly, the petitioner is directed to be released on anticipatory bail, subject to her joining the investigation with the concerned Investigating Officer within a period of one week from today, upon furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer, and subject to payment of an amount of ₹6,90,000/- by way of demand draft in favour of the complainant. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:-
‘When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’
It is, however, made clear that in the event the petitioner fails to comply with the undertaking given on her behalf, the order passed by this Court today shall stand automatically cancelled, and the complainant shall be at liberty to move an appropriate application seeking revival of the present petition.
In the aforesaid terms, the present petition stands allowed.
