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SHALINI SINGH NAGPAL, J.

1. Petitioner seeks anticipatory bail in case arising out of FIR No.77 dated 20.04.2026, under Sections 406 and 420 IPC at Police Station Nathusari Chopta, Haryana. This is the first petition for anticipatory bail.

2. While issuing notice of motion on 02.07.2026, following order was passed:-

“Petitioner seeks anticipatory bail in case arising out of FIR No.77 dated 20.04.2026, under Sections 406 and 420 IPC at Police Station Nathusari Chopta, Haryana. This is the first petition for anticipatory bail.

2. Case was registered on complaint of Subhash Chander, who alleged that petitioner Sahil Rose had cheated him of Rs.5,50,000/- on the pretext of securing job for his son Parveen. It was further alleged that petitioner had paid back a sum of Rs.18,000/- each on three occasions on the pretext of salary.

3. Learned counsel for the petitioner submits that petitioner was innocent and had been falsely implicated in the case. There was delay of more than 2-1/2 years in registration of the case, casting serious doubts on genuineness of the allegations. No specific date, time and place was mentioned in the FIR regarding payment of Rs. 5,50,000/-.No documentary proof was produced by the complainant to establish payment of Rs.5,50,000/-. Infact, petitioner had personal and business transaction with son and nephew of the complainant. He had only borrowed a sum of Rs.50,000/- from the complainant which sum was received in his bank account and the same already stood repaid along with interest. No offence under Section 406 or Section 420 IPC was made out as there was neither any misappropriation nor any cheating. Petitioner who was not involved in any other case was ready and willing to join investigation.

4. Notice of motion.

5. Mr. Vikas Bhardwaj, AAG Haryana, who is present in the Court accepts notice on behalf of respondent-State and has opposed the prayer for anticipatory bail arguing that custodial interrogation of the petitioner was required to effect recovery. He concedes that a sum of Rs.18,000/- each was paid by the petitioner on three occasions, on account of salary of the petitioner's son who was promised to be employed in CDLU, Sirsa.

6. In the given facts and circumstances of the case, in the event of arrest, petitioner shall be released on interim anticipatory bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. Petitioner shall join investigation as and when called upon to do so and shall abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

7. Status report in the matter be filed on 04.08.2026.”

3. Mr. Raman Chawla, Advocate appears on behalf of complainant and files his vakalatnama, which his taken on record.

4. Status report by way of affidavit of Rajbir Singh, HPS, DSP, Law and Order, District Sirsa has been filed by State of Haryana, which is taken on record. Learned State counsel submits that though petitioner joined investigation, he did not cooperate in investigation nor got Rs.5,50,000/-recovered. He even failed to demarcate the spot where the crime was committed. Learned counsel for the complainant too opposes the prayer for anticipatory bail.

5. Pursuant to order of this Court dated 02.07.2026, petitioner has joined investigation. Benefit of anticipatory bail cannot be denied for the reason that some money is yet to be recovered. Whether or not the money was indeed entrusted to the petitioner would be a matter of trial. Considering all relevant facts and circumstances, the petition is allowed and order dated 02.07.2026, granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.

 6. Pending miscellaneous applications, if any, stand disposed of.

Petition allowed.

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