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Judgment
SUMEET GOEL, J. (ORAL)
Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner, who is in judicial cutody since 22.05.2026 till date, in case FIR No. 18 dated 22.05.2026 under Section 7 of the Prevention of Corruption Act and Section 308(2) of BNS (Sections 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act added later on), registered at Police Station SV & ACB, Gurugram Haryana.
The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
“To, The Inspector, Vigilance, Rewari. Sir, it is submitted that I, Gaurav son of Sh. Subhash Saini, resident of Mohalla Chhipatwara, House No. 6038E, Ward No.7, Rewari, do labour work and needed a driving licence. For this I went to the licence branch at the Mini Secretariat, Rewari, where I asked the person sitting at the window about getting a learning licence made. He disclosed his name as Amardeep and said that he would get it made without any test and that it would cost Rs.4,700/- for the work. I requested him to reduce the amount, upon which Amardeep asked for my Aadhar Card, identity card, blood group and mark-sheet, and to pay Rs.4,500/- through phone. On 20.05.2026, I sent my Aadhar Card and identity card through my mobile No.9034034115 to Amardeep's mobile No.9034424375 between 7.15 PM and 7.21 PM, and I asked whether I should deposit Rs.4,000/-, upon which Amardeep replied in writing that it would be Rs.4,500/-. I have recorded the conversation held between me and Amardeep regarding the bribe. I have no financial dealings with Amardeep, nor any enmity. I do not wish to pay a bribe to a a government employee. Amardeep is demanding bribe by pressurizing me. Legal action be taken against Amardeep. Enclosure: 1-page copy of WhatsApp chat. SD/- GAURAV (22/05/2026, 9034034115. Police Action: Today, I, Inspector, am present at Sub-Centre Rewari. The complainant, Gaurav S/o Subhash Saini, resident of H.No. 6038E, Ward No. 7, near Punjabi Dharamshala, Chhipatwada, Rewari, personally presented a written complaint. Based on the summary of the complaint, offences under Section 7 PC Act and Section 308(2) BNS are found to be constituted. Gazetted independent witnesses were informed. Independent gazetted witnesses Ashok Kumar (SDE, HSVP Rewari) and Dinesh Kumar (JE, HSVP Rewari) have arrived as shadow witnesses. The written complaint is being sent to the police station via EASI Ravindra No. 1270/GGM for registration of the case. After registering the case, notify the case number, and send the SPECIAL REPORT of the case to the Area Magistrate and senior officers through proper channels. Including HC Dilbag No. 1747/SPT, C. Anup 1045/GGM, C. Vinod 721/RWR in the raiding party, I, Inspector along with complainant, gazetted officer, shadow witness, laptop, and I/O kit, departed for the place of occurrence in official vehicle No. HR 03GV 3082 driven by driver EHC Aejaz No. 4/354. Today: Sub-Centre SV ACB Rewari. SD/- JAIPAL PS SV ACB GGM. On 22.5.2026 AT 6 P.M. at police station-upon receipt of the written complaint, the present case has been registered under the aforementioned sections. Copies of the FIR were prepared via CCTNS. As per rules, a copy is being sent to senior officers and the Area Magistrate, and a special report copy is being sent via email to the Area Magistrate, Rewari. The case file along with the original complaint is being sent via EASI Ravindra No. 1270/GGM to Inspector Jaipal for further investigation.”
Learned counsel for the petitioner has argued that the petitioner is in custody since 22.05.2026. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the complainant was already holding a driving licence and, thus, there was no occasion for the petitioner to demand a bribe from him. Learned counsel has further submitted that upon culmination of investigation qua the petitioner, challan already stands presented him. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 2 months. Learned counsel has further iterated that the petitioner is a man aged about 40 years with no criminal antecedents. Thus, regular bail is prayed for.
Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 13.08.2026 in Court, which is taken on record.
I have heard counsels for the parties and have gone through the available records of the case.
The petitioner was arrested on 22.05.2026 wherein after investigation was carried out and challan stands presented on 08.07.2026. Total 21 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.
As per custody certificate dated 13.08.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 02 months and 21 days & is not shown to be involved in any other case.
Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.
In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-
The petitioner shall not mis-use the liberty granted.
The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
The petitioner shall not absent himself on any date before the trial.
The petitioner shall not commit any offence while on bail.
The petitioner shall deposit his passport, if any, with the trial Court.
The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
The petitioner shall not in any manner try to delay the trial.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of bail of the petitioner.
Ordered accordingly.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.