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‘Offence seriousness not enough’: Punjab and Haryana High Court rejects plea to cancel bail for man posing as ED officer to extort lakhs

A man in Haryana's Nuh alleged that three people arrived at his house in March 2023, posing as ED officers, threatened him with false tax implications, and demanded Rs 5 lakh, extorting Rs 2.5 lakh.

3 min readChandigarhFeb 9, 2026 05:38 PM IST

Anil Kumar Kaushik was granted interim anticipatory bail on July 20, 2023. (File Photo)

The Punjab and Haryana High Court has dismissed a petition seeking cancellation of anticipatory bail granted to Anil Kumar Kaushik, an accused in a 2023 case involving alleged impersonation of Enforcement Directorate (ED) officials and extortion.

Justice Sumeet Goel held that there was no cogent material to show that Kaushik had misused the bail granted to him in July and September 2023.

The case stems from FIR No 88 dated May 16, 2023, registered at the Nagina Police Station in Haryana’s Nuh. Vijay Kumar alleged that on March 29, 2023, three people arrived at his house in a Tata Harrier, posing as ED officers, threatened him with false tax implications, and extorted Rs 2.5 lakh from the demanded Rs 5 lakh.

The FIR invoked sections including 420 (cheating), 384 (extortion), 467 (forgery), 419 (impersonation), and 120-B (conspiracy) of the Indian Penal Code.

Kaushik was granted interim anticipatory bail on July 20, 2023, and it was confirmed on September 20, 2023, after he joined the investigation and made recoveries.

Kumar, represented by Advocate Jamshed Ahmed, later moved the court seeking cancellation, alleging that Kaushik, along with associates, had intimidated him and pressured him to withdraw the case, acts that would violate bail conditions under Section 438(2) of the Code of Criminal Procedure (CrPC).

The Haryana Government, represented by Senior Deputy Advocate General Mahima Yashpal, and Kaushik, represented by Advocate Nikhil Ghai, opposed the plea.

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Justice Goel, in his order, noted that neither the state nor the record suggested Kaushik had threatened witnesses or influenced the investigation or trial. The allegations of intimidation rested solely on the petitioner’s complaints, with no prima facie evidence of misuse of liberty.

The court emphasised that “the seriousness of the offence, by itself, is not a ground seeking cancellation of bail, once the accused has been found entitled to the concession of anticipatory bail and has complied with the conditions imposed therein.”

It further observed: “In the absence of any clear, cogent and convincing material showing violation of bail conditions or misuse of liberty by respondent No.2, this Court does not find any justification to exercise the extraordinary power of cancellation of anticipatory bail.”

The judge added that anticipatory bail cannot be cancelled merely on re-appreciation of facts already considered at the grant stage unless there is proven abuse of liberty.

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Key reasons cited by the court

No cogent, clear, or convincing evidence was produced to prove that the accused actually misused the bail (e.g., no material showing intimidation of witnesses or obstruction of justice).
Allegations of threats were based only on complaints made by the petitioner; nothing prima facie established misuse.
Seriousness of the offence alone is not enough to cancel bail once it has already been granted and conditions complied with.
Cancellation of bail requires strong supervening circumstances (misconduct, intimidation, new offences, etc.), which were not found here.
The earlier bail order was well-reasoned and not perverse.

The main trial is pending before the Judicial Magistrate First Class, Ferozepur Jhirka, with the prosecution’s evidence yet to begin.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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