RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as 'the BNSS') for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.263 dtd. 13/9/2025, registered for the offences punishable under Ss. 256, 318(4), 336(2), 336(3), 338, 340, 61, 238, 241 of BNS 2023 and Sec. 7 of the Prevention of Corruption act, at Police Station Central Faridabad, District Faridabad.

(2.) The gravamen of the FIR reflects that pursuant to confidential letter No. 21792 dtd. 21/5/2025 issued by the learned District and Sessions Judge, Faridabad, a discreet enquiry was conducted into anomalies noticed in the Postal Traffic Challan Branch of the Sessions Division, Faridabad. The enquiry officer submitted her report vide letter No. 2005 dtd. 6/6/2025, wherein it was observed that one police official, namely Vipin, deployed for registration of postal traffic challans, was found to have unauthorized access to the CIS systems of various Magistrate Courts. He failed to furnish any satisfactory explanation, giving rise to suspicion of unfair practices and tampering with traffic challans. The enquiry further revealed that several consigned traffic challans, particularly relating to heavy motor vehicles, were shown as involving minor offences. Upon comparison with the original challans available on official websites, discrepancies in the particulars of offences were noticed, indicating manipulation. A list of forged challans was annexed with the report. During investigation, the owner of vehicle No. HR-51-CN-0965 stated that a sum of Rs.11,000.00 was paid to Home Guard Sandeep for disposal of a traffic challan. Home Guard Sandeep disclosed that he had transferred Rs.9,500.00 online to one Pankaj, who in turn stated that payments were made to Home Guard Shubham for disposal of challans. Investigation further revealed that 25 such challans were disposed of in the court of the learned JMIC, Faridabad, and were registered by co-accused Virender, Ahlmad of the said court. It was also found that that co-accused Shubham, in collusion with co-accused Virender, tampered with the Sec. of offences in traffic challans, thereby causing loss to the State exchequer. Co-accused Shubham was arrested on 16/9/2025 and disclosed receipt of illegal payments through his bank accounts via Phone-Pay and UPI, involving 26 transactions. The allegations are the present petitioner, Ram Kishan are that he acted in collusion with co-accused Shubham and Virender and had also transferred amounts to the bank accounts of co-accused Shubham and accordingly, he was nominated as an accused in the instant FIR.

(3.) Learned counsel for the petitioner has submitted that the petitioner is an innocent person and has been falsely implicated in the present case. The petitioner is working as a clerk/munshi in the Court Complex, Faridabad. The applicant-accused had also worked as a Peon on D.C. rates in Special Court, Faridabad during the period from 2007 to 2009. Learned counsel appearing for the petitioner has further argued that the petitioner was not having any control over the editing of traffic challans. Learned counsel asserts that the in the instant case, the FIR fails to include material facts, which further raised questions about its credibility and fairness. Moreover, the custodial interrogation should not be used as a punitive measure and is justified only when absolutely necessary for the recovery of material evidence. Furthermore, the petitioner is ready to join the investigation and hence no useful purpose would be served by sending him behind the bars. It is lastly submitted by the learned counsel that the present petition be allowed and the petitioner be granted the concession of the anticipatory bail.