AI Structured Summary
Not yet generated for this judgment
Judgment
SHALINI SINGH NAGPAL, J.
Petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeks regular bail in case FIR No. 162 dated 07.05.2026 under Sections 316(2), 318(4), 336(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Kunjpura, Karnal. This is the first petition for regular bail.
On 07.05.2026, Balwan Singh, Secretary, Market Committee, Kunjpura, submitted a complaint to SHO Police Station Kunjpura against M/s Manohar Lal Deepak Kumar, New Grain Market Kunjpura regarding fraudulent and irregular activities in government wheat procurement operations during Rabi Marketing Season 2026. He stated that on 29.04.2026, wheat bags dispatched by the firm to the godown of the procurement agency were inspected and certain bags were found to contain bricks mixed with wheat, reflecting loss, mis-conduct, cheating and fraud. As per Clause 10 of the License conditions, license of the firm was suspended for 07 days. The license holder was responsible for filling, stitching, quality control and dispatch of wheat bags.
Learned counsel for the petitioner submits that petitioner was in custody since 13.05.2026. He had deep roots in the society and was ready to face trial. His antecedents were clean. Investigation was complete. Therefore, petitioner be allowed the concession of regular bail.
Learned State counsel has filed status report along with custody certificate and has opposed the prayer for regular bail arguing that petitioner, who was sole proprietor of M/s Manohar Lal Deepak Kumar violated terms and conditions of his license and out of the 1040 wheat bags supplied by him, bricks were found in 03 bags. Penalty of Rs. 10,000/- was imposed besides suspension of license for 07 days.
Antecedents of the petitioner are clean. He is not involved in any other case. Investigation stands completed. Petitioner has roots in the society. Flight risk is negligible. Witnesses to be examined by the prosecution are official ones. Therefore, there is no apprehension of the petitioner tampering with the evidence. Trial is likely to take time to conclude. Petitioner is behind bars for the last 03 months and 21 days. In the facts and circumstances of the case, but without meaning to comment on merits, the petition is allowed. Petitioner is ordered to be released on regular bail subject to his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate.
Pending miscellaneous applications, if any, stand disposed of.
