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Judgment
Date of uploading : 23.09.2026
Baljeet Singh ………….Petitioner
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State of UT Chandigarh …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Bhavnish Garg, Advocate and Mr. Monu Gupta, Advocate for the petitioner. Mr. Tarun Vir Singh Lehal, Public Prosecutor, UT, Chd. ---
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 in case FIR No.56 dated 13.05.2025 under Sections 319(2), 318(4), 336(3), 338, 340(2), 61(2), 316(5) of BNS and Section 66(C) of the I.T. Act, 2008, registered at Police Station Cyber Crime Sector-17, Chandigarh.
The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
“To, The Senior Superintendent of Police Union Territory, Chandigarh Subject-Complaint regarding cheating and fraud through UPI/IMPS/RTGS from bank Account No. 06182041002688 of PNB Sector 26 Chandigarh in connivance with Bank Officials Respected Sir It is submitted as under 1 That I have a saving Bank Account No 06182041002688 in PNB Sector-26. Chandigarh 2 That my account was linked with my registered mobile No 7837454354 3 That I was using a simple phone which does not have any smart feature such as Whatsapp online banking app or any other services which is linked with internet facility 4 That to my utter surprise, 21.04. 2025 for when I visited the bank on withdrawal o amount Rs. 5000/ the bank official informed me that I have withdrawn huge sum with effect from 18.03.2025 to 04.04. 2025 i.e. total amount of Rs. 25.54 lacs from my account. I immediately told the bank official that I had never withdrawn any amount between 18.03.2025 to 04 04 2025 and there would be some mistake on their part On this the bank official told me that there is no mistake on their part and most of the payments are made through UPI/IMPS/RTGS 5. That I intimated the bank officials that I am not using any banking app or internet facility and I am using a manual mobile phone, then how can it possible to make online transaction but the bank official has not paid any heed to my claim I also met the bank manager but could not get any positive response from him as well. 6. That I returned back to home with shock and narrated the whole story to my family members. On 22.04 2025 I made an application to the Manager PNB Chandigarh submitting Sector-26 the crime that therein transactions from 18.03.2025 to 04.04.2025 were not made by me 7 That it seems that bank officials in connivance with some third party has conspired with common intention to get wrongful gain to them committed a and wrongful loss to me punishable under relevant section of IPC/BNS 8 That it also seems that the accused person breached the security system of Punjab National Bank and committed the offense which causes due loss to me 9 That my hard earned money has been stolen/looted by the unscrupulous persons either the bank officials or their conspirators or any other accused persons whose names are to be disclosed by the bank officials or through the details obtaining from the telephone companies in whose telephone connections are used for online transactions and the bank accounts details in which the amount from my account is transferred 10 That the copies of bank statements as well as the request dated 22 04 2025 given to bank manager are enclosed herewith. In view of the above mentioned facts, it is requested that the accused persons may kindly be booked by registering FIR against them under relevant sections of law punishable under IPC/BNS or any other Act/Law. Complainant Sd Balwant Rio H.No 1231 Phase-1 Ram Darbar, Chandigarh M.No.9780124567 Dated-22.04.2025 registered vide Complaint No. ICMS/2025/12807 Dated 23.04.2025 Ack No. 30604250001013 made by Balwant R/o 1231 Phase-1, Ramdarbar, Chandigarh against Unknown Person has been lodged at Police Station from Sadar office on which after enquiry and after approval Officer Bala has registered a case and ordered for investigation. On which case no. 56 Date 13.05.2025 U/S 319(2), 318(4), 336(3), 338, 340(2), 61(2) Bhartiya Nyaya Sanhita 2023 against Unknown Person Registered at Police Station, original Tahrir along with copy of FIR for investigation has been taken by the Inspector himself and the copied FIR will be served on the Officers' Court. (Note:- The parties have a right to free legal aid, and they or any of them, if required, can avail free legal aid from District Legal Services Authority, 2nd floor Service block, District Court Complex, Sector-43 UT Chandigarh. Help line No. 0172-2742999, 8427566990.”
Learned counsel for the petitioner has argued that the petitioner is in custody since 21.04.2026. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question as he is himself a victim at the hands of co-accused namely Balwinder @ Bindu who has been enlarged on regular bail by this Court vide order dated 22.04.2026 passed in CRM-M-3411-2026. Learned counsel has further urged that another co-accused namely Maninder Singh has been afforded the concession of regular bail by this Court vide order dated 10.09.2026 passed in CRM-M-49774-2026. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 05 months and is a man with clean 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 regular bail. Learned State counsel seeks to place on record custody certificate dated 23.09.2026 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 21.04.2026 and it is the conceded case before this Court that the petitioner is in custody since then. Total 13 prosecution witnesses have been cited, out of which only 2 have been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised at Bar 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 23.09.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 05 months and 03 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 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.
Pending miscellaneous application(s), if any, stand disposed of accordingly.
(SUMEET GOEL)
JUDGE 23.09.2026
jatin