Vijaypal Singh v. State of Haryana

IN Vijay pal

State of H

Date of d Date of U

CORAM Present:

SUMEET

¶1Nagarik S (erstwhile petitioner offences p the Preven Nyaya Sa District St

¶2namely A Station Sa also empl THE HIGH COURT OF PUN CHANDIG

Singh

V/s Haryana

decision: 27.07.2026 Uploading : 27.07.2026 M: HON'BLE MR. JUSTICE Mr. Aditya Sanghi, Advocate Mr. Gurmeet Singh, AAG Ha Mr. Sandeep Kumar Yadav, Ms. Sangeeta Yadav, Advoca ***** T GOEL, J. (Oral) Present petition has been file Suraksha Sanhita, 2023 (hereina e Section 438 of the Cr. P.C.) f r, in case bearing FIR No.02 da punishable under Sections 7, 13 ntion of Corruption Act, 1988 a anhita, 2023 (for short 'BNS'), tate Vigilance and Anti Corrupti The gravamen of the FIR in Ashok had stated that he is po adar, Mahendergarh. It has been loyed in the Home Guard Dep

NJAB AND HARYANA AT ARH

CRM-M-18935-2026

....Petitioner

....Respondent SUMEET GOEL e for the petitioner. aryana. Advocate and ate for the complainant. ed under Section 482 of Bharat after to be referred as 'the BNS for grant of anticipatory bail to ated 14.01.2026, registered for 3(1)(b) read with Section 13(2) and Section 308(2) of the Bharat at Police Station ACB Gurugra ion Bureau, Haryana. n question is that the complaina osted as a Home Guard at Pol n alleged that one Rakesh, who artment, used to demand bribe

iya S') of iya am, ant, lice o is

₹6,000/- assigning would be amount w Rakesh. amount; h being furt District O home gua arrangeme amount o alleged th bribe from called the sum of ₹2 conversat complaint

¶3perusal of are conco further ite question complaina apprehend petitioner from each Home Guard emp postings and in case of non-p removed from the duty. It has was collected by Satish, also a Ho The complainant requested R however, Rakesh informed him ther handed over to Vijaypal (p Officer at the Head Office, Ch ard, contacted the complainant ents for Rakesh, pursuant to wh of ₹1,000/- through the PhoneP hat in December 2025, Satish m the complainant. Furthermore, e complainant to a hotel situate 2,000/- allegedly due towards h tion regarding the said dema t which resulted in the registratio Learned counsel for the pe f the FIR itself shows that allega octed, improbable and devoid o erated that the petitioner has been as there is no allegation of de ant personally, receiving any ded in the course of trap proce r. It has been further contended

ployee on a quarterly basis payment, the concerned employ been further alleged that the s ome Guard employee, on behalf Rakesh to reduce the demand m that the demanded money w petitioner herein), who is posted handigarh. On 29.11.2025, Sati to transfer the money for maki ich, the complainant transferred Pe application. It has been furth had already received ₹4,000/- , on 10.01.2025, Rakesh and Sat ed on Ateli Road and demanded him. The complainant recorded and and subsequently filed on of the FIR in question. etitioner has iterated that a b ations leveled against the petition of any merit. Learned counsel h n falsely implicated into the FIR emanding any bribe, meeting y amount from him or bei eedings has been attributed to d that the petitioner has not be

for yee aid f of ded was d as ish, ing an her as tish d a are ner has R in ing

named in disclosure even the s any indep that the c Kumar, ha

19.03.202 Sessions nothing o question. order date assignmen duty lists recruitme It has bee of Home to Rakesh contended 13(1)(B) Section 30

3.1.

30.04.202 investigat

3.2. from the p n the FIR and he has been im e statement(s) of the co-accused. said disclosure statement(s) of th pendent incriminating material. co-accused of the petitioner, na ave been accorded the concessio 26 and 02.04.2026, respectivel Judge, Narnaul. Learned coun on record to show complicity of It has been further argued tha ed 06.08.2025 (Annexure P-8), nt/ posting of Home Guards in d s of Home Guards, continua nt in the Home Guard Departme en contended that the work relatin Guard volunteers stood allotted h Kumar Sharma and not to th d that even the essential ingre read with Section 13(2) of the 08(2) of the BNS, 2023, are miss Learned counsel has further 26 and 15.07.2026 respectively th tion and has fully cooperated the Learned counsel has asserte petitioner. Learned counsel has f

mplicated solely on the basis . It has been further contended t he co-accused are not supported Learned counsel has emphasiz amely, Rakesh Kumar and Sat on of regular bail, vide orders da ly, passed by learned Additio nsel has submitted that there f the petitioner with the offence at as per official work distributi no duty whatsoever pertaining districts, preparation or issuance ance of duty without break, ent was entrusted to the petition ng to duty assignment/online ros to seat E-VIII, which was assign he present petitioner. It has be edients to invoke Sections 7 a Prevention of Corruption Act, a sing in the present case. r contended that vide orders da he petitioner has already joined erein. ed that nothing is to be recover further urged that the petitioner i

of hat by zed tish ted nal is e in ion g to e of or ner. ster ned een and and ted red

man aged risk. It ha investigat influence Court in submissio

¶4tandem w already on by arguin The relev d 54 years having deep roots in th as been further asserted that th tion as and when required, sh any witness and shall abide by case he is enlarged on pre-arre ons, the grant of anticipatory bail Per contra, learned State cou with the reply by way of an aff n record, has opposed the grant o ng that the offence committed by ant part of the said affidavit i.e. P "11. That in the present cas money at the rate of 22 posted in Mahendragarh Mahendragarh and that t months, and he forward Chandigarh to the petiti Guards, and Sanjeev, Car Guards is prepared in su posted in Mahendragarh; said amount is either gi another distant district; s whose duty is also at Sa Rs.6,000/- for three mont place, out of which Satish and handed it over to Rak sent by him to Sanjeev, Ca was to be taken from co-a the demand of bribe by complainant, and voice obtained and sent to FSL, is awaited; upon collect challan has already been

11.03.2026; co-accused R bail by the Hon'ble Cou accused Satish Kumar ha Hon'ble Court at Narnaul in the case is fixed for 0 case is continuing.

¶12That the petitioner, Vijay offence, and the co-accus Guard employees at his be

he society, and, hence, has no flig he petitioner is willing to join hall not tamper with evidence all the condition(s) imposed by est bail. On the strength of the l is entreated for. unsel, while raising submissions fidavit dated 28.04.2026, which of anticipatory bail to the petition y the petitioner is serious in natu Paras Nos.11 & 12 reads as unde se, co-accused Rakesh Kumar colle 2,000/- per month from Home Gua for ensuring that their duty remains they are not given a break within th ds this money to the head office ioner, Vijay Pal, Commandant, Ho retaker, from where the duty list of Ho uch a manner that they continue to any Home Guard who does not pay iven a break or his duty is shifted imilarly, the complainant Ashok Kum adar Mahendragarh, had agreed to p ths for continuation of duty at the sa h had collected Rs.4,000/- in Decem kesh, and the said Rs.4,000/- was furt aretaker, while the remaining Rs.2,00 accused Satish; the recording regard the accused has been produced by samples of the accused have b , Madhuban, Karnal, the result of wh tion of evidence in the case, the f presented before the Hon'ble Court Rakesh Kumar has been granted regu urt at Narnaul on 19.03.2026, and as also been granted regular bail by l on 02.04.2026; the next date of hear

05.06.2026, and the investigation of ay Pal, is deeply involved in the s ed used to extort money from the Ho ehest; that custodial interrogation of

ght or ese s in h is ner ure. er: ects ards s in hree at ome ome be d to mar, pay ame mber ther 00/- ding been hich first t on ular co-ring said ome

4.1. learned S offence, th from the evidence, that pursu has joined the purpo conspirac incrimina According hand.

4.2. opposed allegation specific demand/c forward it the conce abscond f witnesses petition in

¶5gone throu petitioner, Vijay Pal, is racket." Raising submissions in ta State counsel has contended th here exists a substantial likeliho process of justice and/or tampe in case he is enlarged on bail. uant to the orders dated 30.04.2 d the investigation but his custo ose of effective and fair inv y, identifying other person ating evidence and to unearth gly, a prayer has been made fo Learned counsel appearing fo the grant of petition in hand b ns against the petitioner. It ha allegations that the co-accu collect money from the Home G t to the petitioner. Furthermore, ession of anticipatory bail, ther from the process of justice as a / evidence. On the strength of t n hand is prayed for. I have heard the learned cou ugh the available record of the c

required so as to unearth the en andem with the aforesaid rep hat given the seriousness of ood that the petitioner may absco er with the prosecution witness Learned State counsel has itera 2026 & 15.07.2026, the petition dial interrogation is imperative vestigation, ascertaining compl s involved, recovering furth h the case of the prosecuti or the dismissal of the petition for the complainant has vehemen by arguing that there are serio as been contended that there used of the petitioner used Guards posted in Mahendergarh a , in case, the petitioner is gran e is every likelihood that he m also interfere with the prosecuti these submissions, dismissal of unsel for the rival parties and ha case.

tire ply, ond ses/ ted ner for lete her on. n in ntly ous are to and ted may ion

¶6Hon'ble S Punjab, 2

It would be apposite to re Supreme Court titled as Devinde 2025 INSC 320, relevant whereo "21. The parameters for grant like corruption are required to granted only in exceptional circu of the view that the applicant has allegations are politically motivat hand is concerned, it cannot be s have been made out by the petit bail and there is no frivolity in the

¶22In the aforesaid context, Central Bureau of Investigation 7 Scale 15, wherein this Court exp "28. While granting bail, of accusation, the natur severity of the punishm character of the accused, accused, reasonable poss accused at the trial, rea being tampered with, the other similar consideratio the purpose of granting b "reasonable grounds for which means the Court d satisfy it as to whether the and that the prosecution evidence in support of the to have the evidence estab reasonable doubt."

¶23The presumption of inn consideration for grant of an innocence is one of the consider mind while considering the plea f to balance the cause of the accus solicitous homage to the accuse cause of public justice.

¶24If liberty is to be denied society, then the courts should no overwhelming considerations in anticipatory bail, it has to be den say that once the investigation is may consider to grant regular indulging in corruption.

¶25Avarice is a common fra famous pronouncement that all m unsavoury cynicism that it sugges as more than two centuries ago, people generally corrupt, liberty Romain Rolland lamented that F without indignation. Corruption Corruption, a word of wide conn

efer herein to a judgment of er Kumar Bansal vs. The State of reads as under: of anticipatory bail in a serious offe be satisfied. Anticipatory bail can mstances where the Court is prima fa been falsely enroped in the crime or ted or are frivolous. So far as the case said that any exceptional circumstan tioner accused for grant of anticipat e prosecution. we may refer to a pronouncement v. V. Vijay Sai Reddy reported in (20 pressed thus: the court has to keep in mind the nat re of evidence in support thereof, ment which conviction will entail, circumstances which are peculiar to sibility of securing the presence of asonable apprehension of the witnes larger interests of the public/State a ons. It has also to be kept in mind that bail, the Legislature has used the wo r believing" instead of "the eviden dealing with the grant of bail can o ere is a genuine case against the accu n will be able to produce prima fa e charge. It is not expected, at this sta blishing the guilt of the accused beyo ocence, by itself, cannot be the s nticipatory bail. The presumption rations, which the court should keep for anticipatory bail. The salutary rul sed and the cause of public justice. O ed's liberty can, sometimes, defeat to an accused to ensure corruption f ot hesitate in denying such liberty. Wh the nature aforesaid require denial nied. It is altogether a different thing over and charge-sheet is filed, the co bail to a public servant - accused ailty of mankind and Robert Walpo men have their price, notwithstanding sts, is not very far from truth. As far b it was Burke who cautioned: "Amon cannot last long". In more recent yea France fell because there was corrupt has, in it, very dangerous potentialit notation has, in respect of almost all

e of ence be acie e at nces tory t in 013) ture sses and t for ords nce" only used acie age, ond sole of p in le is Over free here l of g to ourt d of ole's ack ng a ars, tion

¶7indubitably prosecutio main bene was allege continue t that the co forwarded caretaker a that those given a br petitioner does not a the conce anticipato petitioner instance th controlling stand of interrogati spheres of our day to day life, al allowing decisions and actions wrongs of a case but by the prosp considerations.

¶26If even a fraction of what of corruption to be true, then it w that it is the rampant corruptio placed persons that has led to ec asked to name one sole factor tha society to prosperity, undeniably developing country faces a mena hired assassins to its law and ord at the higher echelons of the Gove As per the material collected y, the allegations against the petit n, the petitioner, while serving as eficiary of a well organised system edly collected from the Home Gu their duties at Mahendragarh with o-accused of the petitioner collected the same to the petitioner through at the Head Office, Chandigarh. It Home Guards who refused to pa reak in service or transferred to dis that the co-accused have been gr advance the case of the petitioner. ssion of regular bail whereas the ory bail which stands at a differe is distinct and more serious as he he illegal collection of money wa g the posting and continuation of d the investigating agency before ion of the petitioner is required to

ll the world over, the limited meaning to be influenced not by the rights spects of monetary gains or other self was the vox pupuli about the magnit would not be far removed from the tru on indulged in with impunity by hig conomic unrest in this country. If on at effectively arrested the progress of ly it is corruption. If the society in ace greater than even the one from der, then that is from the corrupt eleme ernment and of the political parties." d during the course of investigati tioner are grave in nature. As per Commandant, Home Guards, was m through which illegal gratificat uard personnel for allowing them hout interruption. The allegations d money from the Home Guard(s) a h another accused, who was posted is further the case of the prosecut ay the demanded amount were eit stant districts. The plea raised by ranted the concession of regular b The co-accused have been gran e petitioner seeks the concession ent footing. The role attributed to is alleged to be the person at wh s being made and the petitioner w duties of Home Guard personnel. T e this Court is that the custod o trace the flow of the alleged br

g of or fish tude uth, ghly e is our n a ents ion, tion m to are and d as tion ther bail ted n of ose was The dial

money, to collected involving investigati regarding t

¶8interim ba investigati the petition the FIR are effected fr in favour o judgment Pradeep v relevant w o confront him with the oral, d during the course of investigatio illegal collection of money fr ion appears to be at a crucial stage, the voice samples is still awaited. Indubitably, the petitioner was ail on 30.04.2026 and the petit ion but this fact, by itself, is not s ner by confirming the order dated e grave and serious in nature. Even rom the petitioner still this, by itsel of the petitioner. A profitable refe passed by the Hon'ble Supreme vs. Arun Kumar C.K. and anoth whereof reads as under: "12. In a case containing suc ought not to have exercised its ju arrest, as the Investigating Of investigation to its logical con appearance before the Investiga from subjecting Respondent No.1 be fruitful to find out the prima f are of extreme serious in nature.

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¶16In many anticipatory bail m argument being canvassed that and, therefore, anticipatory bail serious misconception of law that made out by the prosecution, the grant anticipatory bail. Custodial aspects to be considered along application seeking anticipatory b the custodial interrogation of the does not mean that the prima fa ignored or overlooked and he sh first and foremost thing that th application should consider is th accused. Thereafter, the nature of

documentary and scientific eviden on and to unearth the entire rac from Home Guard personnel. T , particularly when the forensic rep earlier afforded the concession of tioner is stated to have joined sufficient to grant anticipatory bail d 30.04.23026 since the allegations n, if it is said that no recovery is to lf, does not vest any indefeasible ri erence in this regard can be made t Court in the case titled as Sumit ther, 2022(4) RCR (Criminal) 9 ch serious allegations, the High Co urisdiction in granting protection aga Officer deserves freehand to take nclusion. It goes without saying t ating Officer who, has been preven 1 to custodial interrogation, can har facie substance in the allegations, wh

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xxx matters, we have noticed one comm no custodial interrogation is requi may be granted. There appears to b t if no case for custodial interrogatio n that alone would be a good ground l interrogation can be one of the relev with other grounds while deciding bail. There may be many cases in wh e accused may not be required, but t acie case against the accused should hould be granted anticipatory bail. T he court hearing an anticipatory b he prima facie case put up against f the offence should be looked into alo

nce cket The port ad-l to s in o be ght to a tha 977, ourt inst that nted rdly hich mon ired be a n is d to vant an hich that d be The bail

¶9the case d statements and Pawan This Court counsel, w Furthermo which it ca FIR in qu nascent sta of anticipa rights and magnitude for fair and iniquities o prima faci come on reasonable anticipator effective i

(Cri) 1039 with the severity of the punishmen the grounds to decline custodial i interrogation is not required or n to grant anticipatory bail." During the course of hearing, diary to show that on 16.05.2026 s of 04 persons more namely Bhu n, under Section 183 of BNS, 20 t has perused the said statements w which point out towards specific ore, no cause nay plausible cause an be deciphered that the petitione uestion. Moreover, the investigati age. It is befitting to mention here t atory bail, the Court has to equilib d protecting societal interest(s). T e and nature of the offence; the ro d free investigation, as also the dee on the society. At this stage, there ie case is not made out against th record and the preliminary inv e basis for the accusations. Th ry bail to the petitioner, as it wou nvestigation. In State v. Anil Shar 9], the Supreme Court held as under "6. We find force in the submission qualitatively more elicitation-orient well-ensconced with a favourable or case like this, effective interrogation advantage in disinterring many usefu would have been concealed. Success suspected person knows that he is

nt. Custodial interrogation can be one interrogation. However, even if custod ecessitated, by itself, cannot be a grou learned State counsel has referred 6, the prosecution got recorded uvan Chand, Ashok, Jitender Kum 026 (erstwhile Section 164 Cr.P.C with the assistance of the learned St c allegations against the petition has been shown, at this stage, fr er has been falsely implicated into ion is underway and the same is that while considering a plea for gr brate between safeguarding individ The Court ought to reckon with le attributed to the accused; the ne eper and wider impact of such alleg e is no material on record to hold t he petitioner. The material which h vestigation, appears to establish hus, it is not appropriate to gr uld necessarily cause impediment rma, (1997) 7 SCC 187 : 1997 S r : (SCC p. 189, para 6) n of CBI that custodial interrogation ted than questioning a suspect who rder under Section 438 of the Code. I n of a suspected person is of tremend ul informations and also materials wh s in such interrogation would elude if well protected and insulated by a p

e of dial und d to mar C.). tate ner. rom s at rant dual eed ged that has h a rant t in SCC n is o is In a dous hich f the pre-

¶10specific ro interrogati that the p factual mil

11.

(i)

(ii)

(iii)

July 27, 2 Ajay

arrest bail order during the time he in such a condition would reduce t custodial interrogation is fraught subjected to third-degree methods n argument can be advanced by all a has to presume that responsible poli a responsible manner and that thos offences would not conduct themselve Considering the nature and ole assigned, the stage of investigat ion for the verification of facts, th etitioner does not deserve the co lieu of the case in hand. In view of the prevenient ratioc The instant petition is devoid o Nothing said hereinabove sha of opinion upon merits of the c ) Pending application(s), if any, s

2026

is interrogated. Very often interrogat to a mere ritual. The argument that with the danger of the person be need not be countenanced, for, such ccused in all criminal cases. The Co ice officers would conduct themselves e entrusted with the task of disinterr es as offenders." seriousness of the allegations, tion as also the necessity of custod his Court is of the considered opin oncession of anticipatory bail in cination, it is ordained thus: f merits and is, hereby, dismissed. all be deemed to be an express ase/investigation. shall also stand disposed off. (SUMEET GOEL)

JUDGE

tion eing an ourt s in ring dial nion